Basic Concepts of Political Science Part – I Online Test 11th Political Science Lesson 3 Questions in English

Sovereignty, the term has been derived from the Latin word ‘superanus’ which means supreme or paramount. Roman jurist and the civilians during the middle ages employed the term ‘summa’ potestas and ‘Plenitude potestas’ to designate the supreme power of the state.

In political science the use of the term ‘sovereignty’ dates back to the publication of Bodin’s ‘The Republic’ in 1576. The stability of a nation depends on the supremacy of the sovereignty the nation enjoys. Sovereignty as a concept represents the legal supremacy of the state.

Constitution lays down rules and laws of the state and the constitution of the state is just the representation of the sovereignty. The word sovereign in the preamble of the constitution of India means that the state has the power to legislate on any subjects in conformity with constitutional limitations.

Sovereignty as a concept represents the legal supremacy of the state. According to Jean Bodin, “Sovereignty is the absolute and perpetual power of the state. that is, the greatest power to command.”

The chief characteristic of sovereignty is permanence. Sovereignty lasts as long as the state lasts. Sovereignty is the life and soul of the state and it cannot be alienated without destroying the state itself. Indivisibility is the life line of sovereignty.

The death of the king or the overthrow of the government does not affect sovereignty. Hence, the people of England say ‘King is dead, Long live the king’. Exclusiveness here implies that there cannot be two sovereign in one independent state and if it exists the unity of the state will be destroyed.

Sovereignty is unconditional and unlimited. Sovereignty is beyond obedience and it is entitled to do whatever it likes. Indivisibility is the life line of sovereignty. Sovereignty wields power by virtue of its own right and not by anybody’s mercy.

Internal sovereignty: An assembly of people in every independent state has the final legal authority to command and enforce obedience. This sovereignty exercises its absolute authority over all individuals or associations of the individuals in the state. External sovereignty: In simple terms external sovereignty means National Freedom. Every state enjoys absolute liberty to determine its foreign policy and join any power block it likes. External sovereignty implies that every state is independent of other states.

According to Lieber, Sovereignty can no more be alienated than a tree can alienate its right to sprout or a man can transfer his life or personality to another without self-destruction.

During ancient period popular sovereignty was used as a weapon to challenge the absolutism of the monarchs. Popular sovereignty designates public as supreme.

Legal Sovereignty: The authority of the state has the legal power to issue final commands. The power which has the legal authority to issue and enforce these law is legal sovereignty. The legal sovereign is always definite and determinate and the authority of sovereign is absolute and supreme.

Nominal and Real Sovereignty: Ancient times many states had monarchs. Kings exercised real sovereignty and were considered Real Sovereigns. The French revolution transformed the situation. The Council of Ministers were considered the Real Sovereign while the King enjoyed only nominal power.

Explanation De-facto sovereign is one who has no legal claim to sovereignty but possesses it in fact and exercises necessary force to make and enfore its laws. De-jure sovereign is one who has a legal claim to sovereignty but does not possess it in fact.

The pluralistic theory originated in the writings of Otto V. Gierke. The pluralist challenges the claims of the state to supremacy on the ground that the society consists of many associations and the state is one among them. Hence, the state cannot be endowed with sovereign power of the community. There exists many social, political, cultural and economic institutions in society and many of these institutions are prior to the state

Pluralism is a powerful protest against the monistic theory of sovereignty, which endows the state with supreme and unlimited power. In democracy, the authority of the ruler is confined, the cabinet becomes more powerful but the state remains sovereign and supreme. With the advent of the welfare state there came a rapid increase in the functions of the state and there remained no sphere of life with which the state did not interfere, the sovereign and the supreme state also faced revolt and reaction. This reaction against the sovereign and supreme state resulted into the dawn of pluralism.

John Austin’s theory of sovereignty Other names of the theory Absolute theory of sovereignty Monistic theory of sovereignty Non-pluralistic theory Single theory

Is Pluralism important? Pluralism upholds the importance of associations and claim more autonomy for it. For democracy to flourish the sovereign state must not be subject to any legal authority. Division of sovereignty leads to the destruction of sovereignty and in the absence of sovereignty, anarchy will prevail in society. What are the criticisms for Pluralism? It is the Sovereign state that brings about unity and regulates all the associations existing in society. Laws are framed by the state unlike the belief of pluralist. State is needed for protecting people from the excess of associations.

The preamble to Indian constitution of India declares India to be a ‘sovereign Socialist Secular Democratic Republic’. However, it had not elaborated or explained the meaning of sovereignty.

The meaning of sovereignty can be understood by various pronouncement of Supreme Court for example in Gopalan Vs State of Madras(1950) and union of IndiaVs Madan Gopal(1954), the Court maintained that ‘ We, the people of India… adopt, enact and give to ourselves this constitution’ written as preamble , declares ultimate sovereignty of the people of India and the constitution rests on their authority. And in the synthetics Vs state of UP (1990) the Supreme Court declared that the word sovereign meant that the state had power to legislate on any subject in conformity with constitutional limitations. Indira Gandhi Vs Raj Narain (1975)

In Indira Gandhi Vs Raj Narain (1975) case Supreme Court added, ‘India as a Sovereign democratic republic’ as one of the fundamental elements of the basic structure of the constitution. It is understood that Indian constitution enshrines ‘sovereignty’ as an important aspect of constitution and the preamble makes the people sovereign. In simple term it is said that sovereignty lies in the constitution and people are the ultimate source of the constitution

When we talk of equality, we imply different meanings at different times. In liberal perspective, legal and political equality may be emphasized more than economic equality. On the other hand, in a socialist and Marxian framework emphasis is more on economic equality. A feminist would argue that gender equality is vital while in a caste divided society like India, it could be argued that social equality is more essential, if other dimensions are to be meaningful.

The idea that human beings are equal is enigmatic. A nation that seeks equality creates laws to bring change in its society. A law for equality is inadequate and opposed where pluralistic pattern of society has become the order of the day whether it’s a developed or under developed nation. Liberty and rights lead to a third principle in political theory, which is of equality. Equality determines how rights are to be distributed amongst the individuals as citizens and groups, both whether equally or unequally.

In the eighteenth century, the French revolutionaries used the slogan ‘Liberty, Equality and Fraternity’ to revolt against the landed feudal aristocracy and the monarchy. The demand for equality was also raised during anti-colonial struggle in Asia and Africa during the twentieth century. It continues to be raised by struggling group such as women or dalits who feel marginalized in our society.

Equality now has become a widely accepted ideal which is embodied in the constitutions and laws in the world. However, the most visible and disturbing factor around us in the world and as well in our society is inequality. We can see in country slums existing side by side with luxury housing, schools which may lack even drinking water facilities or toilets, waste of food as well as starvation. They are visible difference between what law promises and what we see around us.

There can be no identity of treatment so long as men are different in wants, capacities, and needs. Injustice arises much from treating unequal’s equally as from treating equals unequally. And most importantly apart from the natural inequalities, there are inequalities created by the society- inequality based upon birth, wealth, knowledge and religion.

The movement of history is not towards greater equality because as fast as we eliminate one inequality, we create another one: the difference being that the one we discard is unjustifiable while the one we create seems reasonable. Hence the social political, educational equalities are always in need of reinforcement and reinterpretation by every new generation. Like liberty, equality can also be understood in its negative and positive aspects. Negative equality was associated with the end of such privileges and positively it meant the availability of opportunity.

According to Laski equality means: Absence of privileges. It means that will of one is equal to the will of any other. It means equality of rights Adequate opportunities are laid open to all. Opportunities should be given to all to realize the implications of his personality. All must have access to social benefits and no one should be restricted on any ground. The inequalities by birth or because of parentage and hereditary causes are unreasonable Absence of economic and social exploitation

According to Barker, the concept of equality means Fundamental equalities of all Equality of opportunity Equality of conditions where there is an attempt to make the conditions of life equal Equality of outcome of results

The concept of equality implies that all people as human being are entitled to the same rights and opportunities to develop the skills and talents, to pursue their goals and ambitions. However, it is not the lack of equality of status or wealth or privilege that is significant but the inequality in people access to such basic goods, as education, health care, safe housing that make for an unequal and unjust society.

Unequal treatment in society based on race, color, gender and caste are of social inequalities. Women were denied equal rights for centuries similarly, Blacks were treated as slaves until the institution of slavery was questioned. Even people born with disability with modern technological innovations are able to contribute like any other normal person. Stephen Hawkins, contribution despite his disability is remarkable. Political philosophers have contributed various theories, philosophies and ideologies for further understanding and innovation to place society on equal platform.

Social equality means no one should be discriminated in the distribution of rights, privileges and opportunities based on birth, caste, religion, race, colour, gender or social status. Each one should be given equal opportunity to develop his personality. History reveals that certain forms of social inequality world over were rejected and the demand for social equality are being raised. Slavery in South Africa, west Asia and America, untouchability in India, Racial discrimination in USA against Blacks, Policy of Hitler against Jews and gender related inequalities and discrimination are few examples of social inequalities with countries world over are trying to redress with the policy of government.

Social equality implies few important aspects. They are: removal of discrimination based on social status, absence of special privileges to few and finally ensuring equal opportunity in terms of acquiring education.

Martin Luther king Jr. was an unquestioned leader of nonviolent civil Rights movement in USA. Civil right movement was a struggle for social justice happened during the 1950s and 1960s for blacks to gain equal rights under the law in the United states. Similarly, Dr. B.R. Ambedkar’s liberation movement for millions of dalits was a historic movement in India. A seed for the movement for social equality.

The American declaration announced that ‘all men are created equal’, French declaration of Rights of Man and citizens declared that ‘men are born and always continue free and equal in their rights.

The United Nations organization on 10th December 1948, declared the charter of human rights which laid stress on social equality. However according to the report of Amnesty International, these rights have been violated frequently by a number of countries in the past and still efforts are being made to address the issues of social inequality world over.

The word ‘civil’ is derived from the Latin word civilis or civis, which means citizen. Civil equality means equality in which each citizen is provided with equal civil rights and liberties. Civil equality consists of similar civil liberties and civil rights by all the citizens. Civil laws should treat all the individuals equally.

In England, Rule of law is in force and in the eyes of the rule of law all are equal. Equal treatment is given to all by the rule of law. It is from the British constitution India had adopted the rule of law.

Political Equality means equal right of all citizens, without any distinction, allowed to participate in the affairs of the state. Political equality guarantees the enjoyment of similar political rights to all citizens. Universal adult franchise is a means to this end. Political equality is actually the test on the experiments of democracy. It is also believed that political equality in itself is not adequate to disperse political power, it also needs socio-economic equality to achieve political equality

Political right of all citizen is ensured through universal adult franchise. The other factors that ensure the political rights of citizens are: Right to vote Right to contest in election Right to hold public office Right to petition the government and criticize public policy

Economic equality is justifiable only when all people have reasonable opportunities to develop themselves fully. Economic equality is meaningful only when there is an adequate scope for employment, reasonable wages, adequate leisure and equal share in the management of economic concern. Professor Laski explains economic equality, “Political equality is, therefore, never real unless it is accompanied with virtual economic liberty; political power otherwise is bound to be the hand-maid of economic power”

Equality of opportunity and education means, all the citizens should be given equal and similar opportunities by the state. All the citizens should have similar chances to receive education and equal opportunities be given to develop their personality. Social inequalities such as race, caste, religion, language, rich, poor and gender – based discrimination should be eradicated. In India, constitution provides provisions for equal opportunities and equal education

There is no value of liberty in the absence of equality. They are understood from different perspectives by political thinkers such as Lord Acton, De Tocqueville and Harold. J.Laski. Lord Acton and Alexis De Tocqueville were the ardent advocates of liberty. They were of the opinion that where there is liberty, there is no equality and vice versa.

“The passion for equality made vain the hope for liberty.”- Lord Acton Professor H.J. Laski believed that liberty and equality should go together. If an individual is given unrestrained liberty to do whatever he likes, he may cause harm to others. Unrestrained liberty will bring only chaos in the society. In the nineteenth century, the Individualists wrongly interpreted the term Liberty. They did not attach any importance to economic equality and laid stresses on Laissez Faire to be adopted by the government said Laski

Laissez faire is an economic system in which transaction between private parties are free from government intervention such as regulation, privileges, tariffs and subsidies.

Adam Smith was the ardent supporter of the view that the Individualists maintained that there should be a free competition between the capitalists and labor leaders.

Socialism is a political and economic theory the advocates the means of production, distribution and exchange should be owned or regulated by the community as a whole. Individualism is a political and social philosophy that emphasizes the moral worth of the individual.

Economic equality is essential for the existence of political freedom. Otherwise it will be a capitalist democracy in which the laborers will have right to vote but they will not get their purpose served. Hence liberty is possible only in socialistic democracy where liberty and equality go together. There is only one solution to liberty. It lies in equality. Thus, liberty and equality are complimentary to each other said Pollard.

The Indian constitution under article 14 provides for equality before law or the equal protection of laws to all persons. This is a statement of formal equality and gives meaning to what preamble seeks to ensure in terms of ‘equality of status and of opportunity’. This also means that laws of the land will apply to all equally and there should not be discrimination on grounds of birth, caste, color, gender, language, race, religion, etc. in fact article 15 of the constitution substantiates article 14 further by prohibiting any such discrimination.

Equality before law and equal protection of law have been further strengthened in the Indian constitution under article 21. It ensures that ‘No Person shall be deprived of his life or personal liberty except according to procedure established by law. This means that a reasonable fair and just procedure should be followed for depriving a person of his personal liberty and life. It admits no arbitrariness, discriminatory procedure or unequal treatment for different individuals’

It is necessary sometime to treat people differently in order to ensure that they can enjoy equal rights. Certain differences may have to be taken into account for this need. Some special consideration for the disabled and protection for women employees especially in the corporate and IT industries when they travel amidst work in the night are provided. These acts should not be treated as an infringement of equality but an enhancement of equality. Similarly, some of the policies are needed to overcome the hindrances of equality by the government. For example, India follows the principle of reservation and other countries follow affirmative action.

Affirmative action implies that it is not sufficient to establish formal equality by law. In order to eliminate deep rooted inequalities, some positive measures are necessary and such positive measures could minimize and eliminate slowly the entrenched forms of social inequalities. Most of the policies of affirmative action are thus designed to correct the cumulative effect of past inequalities. In our country we have adopted a policy of quotas or reserved seats in education and jobs to provide equality of opportunity to deprived groups, and this has been the subject of considerable debate and disagreement. The policy has been defended on the grounds that certain groups have been victims of social prejudice and discrimination in the form of exclusion and segregation

You have liberty to enjoy the freedom sanctioned as per law. The business of law is to safeguard the liberty of an individual. In the safety of an individual lies the status of one’s freedom. The law and liberty are twins and are connected to each other to sanction equal treatment equally for all. Here we all know that, it is the objective of the state to safeguard the liberty of its citizens.

French Republics refer to a succession of republics after the proclamation of the French revolution in 1792. There have been Five republics in the history of France: French first Republic (1792- 1804), French Second (1848-1852), Third Republic (1870-1940), Fourth Republic (1946-1958), Fifth Republic was formed on October 5, 1958. The Fifth Republic emerged replacing a weak and factional parliamentary government with a stronger centralized democracy.

The term ‘liberty’ has been derived from the Latin word ‘Liber’ which means free from all shackles. The Latin word ‘Liber’ denotes the absence of all restraints. It means one can do whatever one likes, regardless of all conditions. Liberty does not permit a person to do whatever one likes. The basic fact of liberty is that law is the condition of liberty. According to Professor Barker “Liberty is possible only in an ordered state, a state where the legal and political aspects of sovereignty coincide or nearly coincide. Laski believes that ‘Historical experience has evolved for us rules of convenience which promote right living and to compel obedience to them is a justifiable limitation of freedom.”

Two Phases of Liberty Positive liberty: Positive liberty mean freedom to do something that the individual should have rights and opportunities to develop his personality. Negative Liberty: For J.S. Mill liberty means Negative liberty He submitted that there should not be any restraint imposed upon man and his actions. He also asserted that there should not be any hindrance in the path of man.

“Liberty does not means the absence of restraint but it lies in development of liberty” -Mahatma Gandhi “Without right then cannot be liberty, because without rights, men are the subjects of law unrelated to the needs of personality”. -Harold. J. Laski “Liberty is the positive power of doing and enjoying those things which are worthy of enjoyment and work” -Gettel “Liberty is the freedom of the individual to express without external hindrances to personality”-Professor -G.D.H. Cole.

By applying the legal maxim, Ejusdem Generis, the general word ‘freedom’ under article 19 derives its color and texture from the particular words used with it whereas under article 21, there are no such particular words used. The only particular word used is ‘personal’ before liberty. Thus, anything that could be covered under ‘personal liberty’ would form the subject-matter of Article 21.

The concept of civil liberty reflects “Rule of law” civil liberty indicates the liberty man enjoyed in the society it prevails in the state. It denotes the enjoyment of our rights within the limits of law. The protection of civil liberty is guaranteed by the laws of the state.

The concept of political liberty means liberty of citizen to participate in the political life and the affairs of the state. Leacock calls political liberty as constitutional liberty and Gilchist consider political liberty as a concept synonymous with democracy. Political liberty includes minimum rights. These rights are the right to vote, the right to contest elections, the right to hold public views and criticize the government and right to petitions.

The concept of personal liberty means the availability of those conditions in which the individual can act as he pleases without being under any type of arbitrary and illegitimate restraint. It also means that every individual has the right not to permit any other individual to interfere in the affairs of his personal life. Every individual should have the liberty to dress, food, standard of living, marriage and education of children etc. The state should not interfere in the personal matters of the individual such liberty is essential for the free development of human society.

The concept of economic liberty means the liberty to earn one’s daily bread. Beyond the distingtion of caste, colour, creed and gender every individual should have liberty to earn his daily bread by fair means.

According to this principle; there should be no taxation without representation. It was the slogan given by middle classes who claimed that they should be allowed to decide as to how and on whom their money was to be spent. Both civil and fiscal liberty were related to property and the rights of their owners. It was felt by the middle classes that without fiscal and civil liberty they would not be able to exist and be exploited by arbitrary rulers.

Domestic Liberty covers equal right for women and children. They need to be protected against maltreatment, cruelty and exploitation. They also have the right to education.

National Liberty means the liberty of the nation or the country. National liberties exist where the nation or the community is independence and sovereign. National liberty can otherwise also called as National sovereignty. Every nation wishes to stay independent and without this independence the progress of the nation or the state is not possible. Liberation remains an ultimate slogan for all those nations enslaved by imperialistic forces. Nations colonialized by imperialist force struggled against foreign empire until freedom is restored.

When India was attacked by China in 1962, and by Pakistan in 1965 and 1971 the Government of India made all efforts to safeguard the freedom of nation.

‘Liberty does not descend upon a person. People must raise themselves to liberty. Liberty is a blessing that must be earned in order to be enjoyed’ engraved on the building of central secretariat New Delhi.

International Liberty concept implies peace and international cooperation and the formation of world federation of states. Liberals were opposed to the use of force as an instrument of national policy. capitalism needed peace and international cooperation for the free flow of goods from one country to another and they needed all political and other barriers to be removed that stood in the way of the development of world resources.

The Preamble of Constitution reads like a poem on democracy. It contains the philosophy on which the entire Constitution has been built. It provides a standard to examine and evaluate any law and action of government, to find out whether it is good or bad. It is the soul of the Indian Constitution.

SOCIALIST- Wealth is generated socially and should be shared equally by society. Government should regulate the ownership of land and industry to reduce socio-economic inequalities. SECULAR - Citizens have complete freedom to follow any religion. But there is no official religion. Government treats all religious beliefs and practices with equal respect. EQUALITY - All are equal before the law. The traditional social inequalities have to be ended. The government should ensure equal opportunity for all. FRATERNITY - All of us should behave as if we are members of the same family. No one should treat a fellow citizen as interior. LIBERTY - There are no unreasonable restrictions on the citizens in what they think, how they wish to express their thoughts and the way they wish to follow up their thoughts in action JUSTICE - Citizens cannot be discriminated on the grounds of caste, religion and gender. Social inequalities have to be reduced. Government should work for the welfare of all, especially of the disadvantaged groups.

Decentralization of power is required for the safeguard of liberty. Power should be divided into central, provincial and local government and such decentralization leads to efficient administration.

The constitution of India makes provisions for the independence of judiciary because only independent judiciary can safeguard the rights and liberties of the people, can protect the supremacy of the constitution An impartial method has been adopted for the appointment of the judges High qualifications have been fixed for the judges The judges of the Supreme Court stay in office till 65 years of age and of High courts till 62 years of age

Rule of law is established in England, USA and India Rule of law mean that there should not be any distinction of caste and creed colour and race. In the eyes of law all are equal and all are liable to be punished if they commit crime. The rule of law was further popularised in the 19th century by British jurist A. V. Dicey. The concept, if not the phrase, was familiar to ancient philosophers such as Aristotle, who wrote “Law should govern”.

Permanent safeguard of liberty is possible. Educated are acutely aware of their rights and duties. Eternal vigilance is the prices of liberty and in it absence one can act according to his will whenever the government crosses the barrier of its authority and interference in the personal life of the people, may rise in revolt against the government. “It is the proud spirit of the citizens, less than the letter of the law, that is the most real safeguard” Harold. J. Lask