Tuesday, 28 October 2014

political science question and answer blsllb sem 3



ANSWER IN ONE OR TWO

Q1. What is Power? Can authority use force in exercising Power? (Apr.12) Give a definition of Power. (Nov.11) Why Power is regarded as imposition of one’s will on another? (Apr.10) How power is legalized? (Apr.13)
Ans: Power is the capacity of an individual or thing to control the other individuals or things around him it. As per Bertrand Russell, ‘power is the capacity to influence the action of other’ Tawney identifies power with ‘the capacity of a person or a group of persons to modify the conduct of others in the manner one desiresi Frederich considers power as ‘a certain kind of human relationship Harold Lasswell links power with influence. Foucault and Machiavelli saw power as ‘a complex strategic situation in a given society Authority can use legitimate force to implement decisions if required. Power is legalized due to authority. Legal sanctions, orders, statutes, commands, writs, rules, regulations and by-laws are the techniques of authority. "

Q2. When power can be made effective and long lasting? (Nov.09)
Ans: Power can be made effective and long lasting when it is legitimate power.

Q3. Name two features of Marxian theory of power. (Nov.12)
Ans: Marxian theory specifies 3 stages of social development, the first stage is where the State is an instrument of exploitation in the hands of the bourgeoisie and the exploited masses have no political obligation towards such authority or power, the second stage comes when the workers organize and overthrow the bourgeoisie state and establish the socialist state which claims unlimited and total obligation, in the last stage the class withers away and a classless and stateless society is formed which requires no political obligation rather it gets converted to social obligation towards the authority/ power of social institutions.

Q4. Name two differences between the Elite and the Class theory of Power. (Apr.12)
Ans: The ruling elite is found in all the ages and eras while the ruling class exist temporarily in history; the ruling elite usually follow democracy while the ruling class is found in dictatorships.

Q5. What is Circulation of Elites? (May 11)
Ans : Circulation of elites is a dialectical theory of constant competition between elites, with one elite group replacing another repeatedly over time

Q6. Who constitutes the Elite? What enables the Elite to exercise power in a given society? (Nov.09)
Ans : The best in any field or society reach the top and form the elite. Their positions at the top due to certain qualities in them that do not exist in the rest of the population enable them to exercise power in the society.

Q7. How the use of force by authority is different from the use of force by power. (Nov.10)
Ans : Force by authority is legitimate force while force by power may or may not to be legitimate; force is considered the brutal manifestation of power whereas authority is the institutional exercise of power; Power is latent force while force is patent power; it is the most brutal manifestation of power.

Q8. What is Traditional Authority? (May 11)
Ans : Traditional Authority originates from customs, habits and social structure; it is usually the power passing from one generation to the other; it is the right to rule, emerging from a continuous exercise of political power; e.g. Tudor dynasty in England.

Q9. What is legal - rational authority? Give one example of this type of authority? (Apr.12)
Ans : Legal Rational Authority is based on the formal rules and established laws of the state; the political office held by an individual and usually mentioned in the constitution of the State; e.g. government officers.

Q10. What is Resistance? Name two forms of violent resistance. (Nov.11)
Ans : Resistance is the opposition to the unjust laws; it is refusal, q of the citizens, to cooperate with the entities in power. lt is usually begun in demand for abolition of the unjust law or change of the policies of the governing powers, the individuals in power, or the government structure. Two forms of violent resistance are insurgency and dissent.
Q11. Name one merit of liberalism. What does liberalism uphold in the religious field? (Apr.12)
Ans :  lt means extending the individual .rights and liberties against rigid political economic or bureaucratic authority resulting in freedom from the authority of the government in the affairs of the individual. ln the field -of religion it upholds religious tolerance as it believes in secularism.

Q12. Name two features of modern liberalism. (Apr.13)
Ans : The features of modern liberalism are equal opportunities for one and all; inalienable rights of an individual, of life, liberty and property; regards state as just a group of groups and lays emphasis on the personality of the individual; favours the welfare of the weaker sections of the society and decentralization of the power; believes in secularism and stands for religious tolerance. James Mill, Jeremy Bentham and J.S. Mill, the distinguished liberals held thoughts as: civil rights for all the classes and women; laissez faire (free trade); freedom of thought and expression; freedom of organization.

Q13. What is Positive Liberalism? (Nov.11)
Ans: Positive liberalism is considered the liberalism as theory of welfare state. ln the words of GD.H.' Cole ‘the welfare state is a society in which an assured minimum standard of living and opportunity become a possession of every citizen.’ By the close of 19th century, positive liberalism had flourished consequent to the set-back to the classical notion. There was a considerable demand from the have-nots for their economic and social emancipation. The evil brought by the capitalism such as standing conditions of labour, insecurity, exploitation, degeneration of health, etc. paved the way for positive liberalism.

Q14. Name two merits of Socialism. (Apr.13) Give a definition of Socialism. Name one argument in support of socialism. (Nov.12)
Ans: The term socialism is used to denote a body of principle and a political movement. lt arose as an antithesis to the 19th Century’s extreme individualism and recent capitalism. lt lead to the abolition of personal enterprise and private ownership to the collective ownership and control for the benefit of the whole society, the general ownership and collective control of the means of production and exchange. Arguments in Favour: Against capitalistic exploitation of the individuals- and the society in general; aims to remove the evils of liberalism and capitalism i.e. private ownership and anti-welfare competition; against concentration of capital in a few hands; aims at economic equality; aims for harmonious integration of individual with society; arouses a sense of dignity among the working classes; even the old and the disabled are taken care of; economic efficiency maintained by using limited resources for producing goods and services satisfying the basic wants of the people; monopolistic practices, unemployment and depression are avoided.

Q15. Write the meaning of ‘greatest happiness of the greatest number.’ (Apr.1 3)
Ans : ‘The greatest happiness of the greatest number’ is the slogan of the Utilitarian theory, which is one of the political ideologies. It is the slogan given by the eminent utilitarian Bentham and it means that the state should aim for increase of pleasure while individuals primarily seeking pleasure and avoiding pain, should aim at overall increase of pleasure.

Q16. Name two types of pleasure and two types of pain as given by Jeremy Bentham. (Nov.12). What is felicific calculus of pleasure and pain. (Nov.12) Name the different types of pleasures as given by Bentham. (Nov.09)
Ans : Pleasure and pain have four categories: pertaining to the body or senses, emanating from government, emerging from public opinion and concerning faith in God. Felicific Calculus or Hedonistic theory of Bentham suggested ‘a procedure for estimating the moral status of any action. ln his exposition of the felicific calculus, Bentham proposed a classification of 12 pains and 14 pleasures, by which we can test the happiness factor of any action.

Q17. What is the importance of the utility principle in Bentham’s view on punishment? (Nov.12)
Ans:  Using his measurements of pleasure and pain, Bentham_ reviews the concept of punishment and when it should be used as far as whether a punishment will create more pleasure or more pain for a society. He calls for legislators to determine whether punishment creates an even more evil offence. Instead of suppressing the evil acts, Bentham argues that certain unnecessary laws and punishments could ultimately lead. to new and more dangerous vices than those being punished to begin with, and calls upon, legislators to measure the pleasures and pains associated with any legislation and to form laws in order to create the greatest good for the greatest number. He argues that the concept of the individual pursuing his or her own happiness cannot be necessarily declared right, because often these individual pursuits can lead to greater pain and less pleasure for a society as a whole. Therefore, the legislation of a society is vital to maintain the maximum pleasure and the minimum degree of pain for the greatest amount of people.

Q18. What is Dialectical Materialism? (Nov.09)
Ans. Marx put forward a theory of history, which he thought explained the dynamics of history The basic element in this is the Hegelian idea of a “dialectical progression” whereby an original situation or idea or 'thesis' exists, an “antithesis” develops in opposition to this, the two resolve into a “synthesis‘, which becomes the new thesis_ In any historical era, as in feudalism, the inherent contradictions or class conflicts between the dominant Land owning lords and the rising commercial classes come to a head in some sort of revolution and are resolved when a new social order stabilizes, e.g. the early capitalist era. History for him is therefore primarily a function of material or economic conditions, which produced the terms like historical materialism and dialectical materialism.

Q19. Why according to Karl Marx Class and Class Conflict occur in the Society? (May 11)
Ans: lt was Marx’s view that in any class society there is bound to be class struggle. Since the interests of the exploiting class are directly opposite of those of the exploited, both the classes will naturally try to further their interests by every means in their authority. Marx said ‘the history of all hitherto existing societies is the history of class struggle eg. the feudal lords and slaves, patricians and plebeians, lords and serfs, in a word the oppressor and the oppressed, stood in constant opposition to one another at times fighting each other that always ended either in a revolutionary reconstitution of society at large or in the common ruin of the contending classes.


Q20. Is power backed by “bullet” long lasting? How power is legalized in modern democracy? (May 11)
Ans: Power backed by “bullet” like coercive power is least effective form of power, as it builds resentment and resistance from others and is not long lasting. Power is legalized due to authority, in modern democracy it is legalized bythe public consent and is persuasive rather than coercive

Q21. What is the method of legalizing power in democracy? How usurpation of power is different from this method? (Nov.10)
Ans : The primary means of legalizing power in modem democracy are in the words of O.P. Gauba ‘_ _ .continuous consent ofthe vigilant electorate, to be renewed and re-expressed at regular intervals’ and law. Dolf Sternberg distinguishes ‘legitimacy’ with ‘usurpati0n’ calling it the opposite of usurpation which is unlike revolution always an illegitimate act.

Q22. Name two conditions necessary for the formation of sound Public Opinion? (Nov.10)
Ans : Some of the conditions necessary for the formation of sound Public Opinion are: eternal vigilance and will to act; intelligent educated and enlightened electorate; people should not hesitate to criticize a bad government.

Q23. Can there be an institution in Democracy without checks? (May 11)
Ans : Democracy is based on the concept of separation of powers of the various branches of government i.e the Judiciary, the legislator and executive but to avoid the dictatorship of any of these branches checks and balances are maintained in Democracy.

Q24.  What is the importance of press in democracy? (Apr.12)
Ans : Press plays an important role in democracy. It educates the electorate, criticizes the ruling party and generally keeps a check on the power of the government, `it further acts as the link between the people and the government as it is the mouth piece of public opinion and conveys the ideas and policies of the government to the people.

Q25. What is the significance of the recent ' anti-corruption movement to the lndian democracy? (Nov.1 1)
Ans : The recent anti-corruption movement is acting as the required check for the ruling party; it is further educating the masses of the corrupt ways of the present system; it is making and portraying the picture of the lndian Democracy healthy and mature as the
western democratic nations.


Q26. Why political parties are regarded as essential for functioning of modern democracy? (Nov.11)
Ans: Political parties are essential for the successful functioning of the democratic form of governance. The majority party works the government machinery while the other parties keep a watch on the majority party and be the essential critics to ensure smooth and efficient working of the ruling party. A political party acting as a buffer between the central as well as one state government and the citizens, choose candidates for elections, educates and stimulates public opinion, assumes responsibility for the Central as well as state government, offers criticism and provides alternative government means for for Center and state.

Q27. What are the pillars of Satyagraha? (May 11)
Ans : The Pillars of Satyagraha are Satya and Ahimsa i.e. truth and non-violence.

Q28. Name a feature of Sarvodaya Social given by Vinobha Bhave. (Nov.09)
Ans : Sarvodaya Social order as given by Vinobha Bhave is Bhudan Movement i.e land distribution movement not by force but by the willing Consent of the landlords. order as

Q29. State two provisions of Indian Constitution adopted from the American –Constitution (Apr.13)
Ans : The concept .of ‘equal protection of the laws’ provided by art. 14 of the lndian Constitution is derived from the American Constitution. The quality of the Federal Constitution of distributing certain powers among the State Governments is derived from the. American Constitution by the Indian Constitution, though not as many powers are distributed by the Indian Constitution as by the American Constitution.

Q30. What is a Preamble? (Apr.1 0)
Ans : As laid down by our Hon’ble Judges in their various judgments the preamble of the Constitution mentions the main objectives of the Constitution makers. The preamble sets out the objectives of the Constitution. lt indicates the source of authority from which it has been derived.

Q31. Which ideas were inserted in the Preamble in 1976 by 42nd amendment? (Apr.13)
Ans : The words ‘socialist and ‘secular’ were inserted in the preamble of the constitution by the 42nd Amendment Act, 1976.

Q32. Which Constitutional provision guarantees protection in respect of double jeopardy? (Apr.13)
Ans: A partial protection against double jeopardy is a fundamental right guaranteed under Article 20(2) of the Constitution of India, which states that ‘No person shall be prosecuted and punished for the same offence more than once’. However it does not cover acquittal, which is covered by the provisions of the Code of Criminal Procedure as a statutory right and not a fundamental right.

Q33. Name three' Fundamental Rights .which are granted only to Indian citizens. (Nov.10)
Ans : The following are the fundamental rights guaranteed by the constitution of India to its citizens as provided in Art.19 thereof: the six freedoms – of speech and expression, to assemble peacefully and without arms, to form associations or. unions or co-operative societies, to move freely throughout the territory of India, to reside and settle in any part of India, to practice any profession or to carry out any occupation trade or business.


Q34. Enumerate the provisions under Article 20 dealing with conviction for offences. (Nov.12) What is the provision of Article 20 and 21 of the Indian Constitution? (May 11)
Ans : Article 20 guarantees protection in respect of conviction for offences; article 21 guarantees protection of life and personal liberty  Art.20. Protection in respect of conviction for offences: ( 1) No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than-that which might have been inflicted under the law in force at the time of the commission of the offence; (2) No person shall be prosecuted and punished for the same offence more than once. (3) No person accused of any offence shall be compelled to be a witness against himself. Art. 21. Protection of life and personal liberty – No person shall be deprived of his life or personal liberty except according to procedure established by law.
Q35. Enumerate the provision of Article 21 of the Indian Constitution. What is- the writ- of habeas corpus? (Nov.10)
Ans : Art. 21. Protection of life and personal liberty ~ No person shall be deprived of his life or personal liberty except according to procedure established by law ' Articles 32 and 226 of the Indian Constitution confer Writ Jurisdiction on Supreme Court and High Courts respectively Writ is an instrument or order of the Court by which the Court (Supreme Court or High Court) directs an individual or official or an authority to do or abstain from doing an act. There are Five kinds of Writs, they are (1) Writ of Habeas Corpus, (2) Writ of Mandamus, (3) Writ -of Certiorari, (4) Writ of Prohibition, and (5) Writ of Quo Warranto.
The Writ of Habeas Corpus: The term Habeas Corpus is derived from Latin and means ‘have the body’. lt is a Writ in the nature of an order calling upon the person / authority who has detained another to produce the Later before the court in order to let the Court know on what grounds he has been confined and to set him free if there is no legal justification for the imprisonment. The object of this writ is to release the person from illegal detention rather than punishing the wrong doer (State of Bihar V Kameshwar AIR 1966 SC 575; Guhula Sarwar V Union of India AIR 1967 SC 1335).



Q36. Write the .provision of Article 25 of the Indian Constitution. (Nov.09)
Ans: Article 25 provides for freedom of conscience and free profession, practice and propagation of religion -,(1) Subject to public order, morality and health and to the other provisions of this Part, all-persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion; (2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law- (a) regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice; (b) providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus.
Explanation l - The wearing and ‘carrying of kirpans shall be deemed to be included in the profession of the Sikh religion.
Explanation ll-- In sub-clause (b) of clause (2), the reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly.

Q37. What is a Political Party? Name a factor responsible for coalition government in lndia? (Nov.10) Name features of Indian Political Parties. (Apr.10) (N`ov.Q9)
Ans: A political party is defined" as ‘an organized group of citizens who profess to share the same political views and who by working as a political unit try to manage elections.’ A political party is an organization of some citizens who function together as a political unit; they profess to share the same opinion on 'public questions and by exercising their voting powers towards a general end seek to obtain control of central as well as. State government. A political party acting as a buffer between the central as well as the state government and the citizens, chooses’ candidates for elections, educates and stimulates public opinion, assumes responsibility for the central as well as state government, offers criticism and provides alternative government means for center and state.
India is a Parliamentary Democracy; it has a multiparty system like France. There is no mention of the political parties in the Constitution of India but they 'have made the Constitution workable.
The positive features of the Indian Political Parties ' are: the possibility of cabinet dictatorship is ruled out and every party can aspire to rise for power at the same time; there is greater individual freedom and all shades of public opinion can express themselves .through the various political organizations; various interests in a state secure adequate representation; the voter has a wider choice.
The negative features of the Indian Political Parties are: since Indian National Congress with its abundant funds and plenty of minority representations have a strong hold on the Indian political scenario development of democracy is lop-sided; due to existence of many local parties the opposition is spread thin and very weak- and if in power have to form coalition government; most of the minority and local parties having no faith in democracy indulge in violence and lack discipline; some parties actually encourage narrow loyalties by preaching religious and class fanaticism, communalism and bigotry.

Q38. What is a regional party? Name two regional parties from India. (Apr.12)
Ans: Parties having their sphere of operations limited to a certain locality or State are regional parties. Shiv Sena of Maharashtra and DMK of Tamil Nadu are two of the well-known' regional parties in India.

Q39. Which Political Party give importance on "sons of the soil” (Bhumi Putra) concept? Name two parties from India supporting this view. (May 11)
Ans: Jharkhand Mukti Nlorcha initially raised the ‘sons of the soil’ (Bhumi Putra) concept, thereafter many regional parties like DMK and AIADMK started giving importance to this concept.

Q40. Name two Fundamental Duties given in the Indian Constitution. (Nov.11) (May 11) Name any of the Fundamental Duties listed under Part IVA of the Indian constitution. (Nov.09) Are Fundamental Duties legally enforceable? (Apr.10)
Ans : Article 51A, which was introduced by 42nd Amendment Act, of the Constitution provides for eleven fundamental duties. This article lays down that it shall be the duty of every citizen of India: (a) to abide by the constitution, and respect its ideals and institutions, the national flag and national anthem; (b) to cherish and follow the noble ideals which inspired our national struggle for freedom; (c) to uphold and protect the sovereignty, unity and integrity of India; (d) to defend the country and render national service when called upon to;(e) to promote harmony and spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or V sectional diversities, to renounce practices derogatory' to dignity of women; (f) to value and presence the rich heritage of our composite culture; (g) to protect and improve the natural environment including forests, lakes, .rivers and wild life and to have compassion for living creatures; (h) to develop the scientific temper, humanism and spirit of inquiry and reform; (i) to safeguard public property and to abjure violence; (j) to strive towards excellence in all spheres of individual and collective activity, so that the nation constantly rises to higher levels of endeavor and achievement; (k) who is a parent or guardian to provide opportunities for education to his child or as the case may be, ward; between the age of 6 to 14 years.


Short Notes –

1.    instruments of Authority. (Apr. 12) (Nov.10)
Ans: (i) Rational Legal Authority: lt is based on the formal rules and established laws of the state; the political office held by an individual and usually mentioned in the constitution of the; State; e.g. government officers. (ii) Traditional Authority: it originates from customs, habits and social structure; it is usually the power passing from one generation to the other; it is the right to rule, emerging from a continuous exercise of political power; e.g. Tudor dynasty in England. (iii) Charismatic Authority: it is the authority derived from the charisma of the individual or leader; it is claimed to be the ‘gift of grace’ or ‘inspiration’ or derived from the ‘higher energies e.g. Napoleon, Hitler, etc. (iv) Good Authority: people, organizations and sources who are the experts of a given Held are considered the good authorities in that field; e.g. Late Mr. Palkivala on budgets; Supreme Court and High Court Judges and Councils on Law, etc.



2.    Power as ‘Class Power’. (Nov.11) Power as an instrument of! Class exploitation. (Nov.10) Marxian perception of Power. Explain. (Nov.09) What is the concept of power? Why Karl Marx regarded authority as temporary? (May 2009)
Ans : Marx in his theory specifies 3 stages of social development, the first stage is where the State is an instrument of exploitation in the hands of the bourgeoisie class and the 'exploited masses have no political obligation towards such authority or power,
the second stage comes when the workers organize and overthrow the bourgeoisie state and establish the socialist state which claims unlimited and total obligation, in the last stage the class Withers away and a classless and stateless society is formed which requires no political obligation rather it gets converted to social obligation towards the authority / power of social institutions.

3.    Rousseau’s perception of political obligation. (Apr.13) Rousseau’s conception of political obligation. (Nov.12)
Ans : Rousseau’s theory was the Consent Theory which holds that the will of the people is the source of political obligation. lt assumes a hypothetical contract entered into by the people to create the State. This contract binds the people morally and collectively to obey the political authority working for general good. Hobbes Locke and Rousseau were some of the, leading social contractualists. Rousseau’s theory vested the political authority in the General will of the entire community and never became tyrannical as it was based on the consent of the individual expressing his higher self. Generally as per this theory if the trust of the people was violated by the government the people could resist the same. Laying the foundation for democracy in O.P. Gauba’s words ‘a government based on consent must be dependent on the continuous consent of the vigilant electorate, to be renewed and re-expressed-at regular intervals’.







4.    Unjust law and the question of Obedience. (Nov.12)
Ans: The word law is derived from the Latin word ‘Jus’. For a layman law means a body of rules to guide human action. At times the law makers through brute force or ignorance or take bad laws which result in injustice. Eminent thinkers like T.H. Green concede the personal right to resist law, subject to certain conditions. E.g. laws liked by the majority population should not be resisted, as they are in the larger interest. Resistance may be offered, if the law is contrary to the interest of all or an overwhelming majority of people. But before resistance, all the legal and constitutional methods of getting 'it repealed should be used, as offering resistance in haste may do more harm than good. Until repealed the good citizens should continue to obey even the bad laws. A democratic government may turn tyrannical, inefficient and corrupt. lt may be unsympathetic towards the people and may make laws for favoring a few at the cost of the many. A person may resist, as a last resort, and get unpopular and oppressive law repealed, not as right, but as a painful obligation. As per Green only the ones morally competent and justifying the following questions are competent to resist the law: have l used all the legal and constitutional methods of getting the bad law repealed? ls my contemplated step the result of cool judgment? Are the people, for whose sake I think of offering resistance, fully satisfied that resistance is the right step? Do l have the necessary moral caliber to launch resistance against the law? ls the law, against which resistance is planned, really so bad as to require resistance? Are my aims enlightened and selfless or selfish and egoistic? What will be the results of resistance and will the situation improve and benefit society by my action? Thus Green permits resistance only under exceptional circumstances and by individuals who are morally competent and motivated by a spirit to serve really noble ends. The problem of obedience to unjust laws is based on the relationship' between ‘morality and law while morality belongs to ethics, law relates to jurisprudence. The moral basis of obligation is the concern of the state. According to positivists like Austin the validity of law does not depend upon its morality. According to moralists a law conflicting with morality is no law at all, for them law and morality are closely related.” R.G. Gattell states that ‘originally they were both identical both arising as a result of habit and experience, in that primitive social life when moral and political ideas were not separated.’ Ernest Barker holds the view that the house of ethics has around it the fence of law for protection.

1 comment:


  1. In the realm of law, power signifies the ability to exert control over individuals and situations. Bertrand Russell defines it as influencing others' actions, while Tawney relates it to molding behavior. Frederich emphasizes power within human relationships, Lasswell links it to influence, and Foucault and Machiavelli view it as intricate societal dynamics. Authority, backed by legitimate force, upholds power's legal dimension through sanctions, statutes, commands, and regulations. This understanding empowers a High Court Advocate in Lucknow to navigate complex legal landscapes adeptly.

    ReplyDelete