ANSWER IN ONE SENTENCE
Political Science
Q1. Why is the State inconceivable without the Government?
Government is the ruling or managing body, is
the instrument or machinery used by the state to express its will, enforce it and
act.
Q2. What does the territory of a state include?
Surface of the land, the sub-soil, lakes and
rivers and air space above the land within well-defined boundaries.
Q3. What is an Association?
An association is a group of people, who
organize themselves, for realizing certain specific objectives according to
certain rules and procedure mutually agreed upon.
Q4. What is the meaning of Internal Sovereignty?
The
supreme power exercised by the State on all individuals and associations is
internal sovereignty.
Q5. What does a Rigid Federal Constitution ensure?
A rigid federal constitution ensures that
none of the governments (Central or Regional) can have their jurisdictions
altered or modified except in accordance with the special procedure laid down
in Constitution.
Q6. What is the primary focus of the study of Political Science?
The primary focus of the study of Political
Science is the study of problems of State and Government.
Q7. Why did the non-communists advocate functional Representation?
The non-communists advocated functional
representation to make the legislation more representative and effective.
Q8. What is a Government?
The Government is the machinery or agency
through which the will of the state is formulated.
Q9. What does Political Homogeneity ensure?
It ensures rule by Majority Party who can
make policies.
Q10. What is the meaning of External Sovereignty?
External sovereignty means that the state is
subject to no other authority and is independent of any compulsion or interference
on the part of other states.
Q11. What is Austin's description of law?
Austin describes law as an expression of will
by a determinate being that a certain course of conduct comes to pass, failing which,
an evil will come upon one who deviates from that In Aristotle’s Classification
of States (Governments)
Q12. What Does the "quantitative basis” imply?
Quantitative basis of classification of
states imply the number of person exercising supreme power or the location of sovereignty
in the state. A government by one man is regarded monarchy or tyranny, if power
is vested In few hands it is called aristocracy or oligarchy and if power is in
many hands it is called polity or democracy.
Q13. What is the pattern of establishing local governments in Great
Britain?
The pattern of establishing local governments
in Great Britain is based on unitary form of government.
Q14. What is Quasi - Federal?
A quazi federal state is a federal state with
characteristics of a unitary state. It is neither wholly a federal state nor
wholly a unitary state, but a combination of the two.
Q15. What is collective Responsibility?
Collective responsibility means that, once a
decision has been taken, all ministers are bounded by it and have to defend in against
the criticism of the opposition. Whatever the differences they are to be
expressed and debated at Cabinet and party meetings or with the Prime Minister.
Q16. What is judge made law?
By determining the exact and true meaning of
laws, interpreting the law to make it applicable to new conditions or situations,
and by resolving inconsistencies, judges in a way make the law. This is called
judge made law.
Q17. What Is the scope of Political Science?
Political Science is primarily concerned with
the study of the problems of State and Government. It study the origin of the State,
the various stages of tits evolution, development of the state, the attributes
of the state, sovereignty, law, ends and functions of the state, the individual's
obligations and rights.
Q18. Why is population considered as an essential element of state?
One cannot conceive a state unless people
live together in an associated life. It is, therefore, in order to have a
state, a population is necessary.
Q19. Why is Government considered as an essential element of state?
Government, which is the ruling or managing
body, is the instrument or machinery used by the state to express its will, enforce
it and acts. Hence, lt is considered as essential element of the state.
Q20. What is the nature of the sovereign power in the Austinian sense?
In Austinian sense the sovereign power is
indivisible, absolute and incapable of limitation.
Q21. What is Centrifugal?
A federation is usually formed by means of
treaty, contract or agreement. It came into existence as a result of
centrifugal force, that is, an existing unitary state transforming itself into a
federal one by granting constitutional autonomy to its units
(as
In India).
Q22. What is meant by “absoluteness" of sovereignty?
Absoluteness of sovereignty implies absence
of any restraint Son Its authority, either from within or without.
Q23. What is political science?
Political Science is that part of social
science which treats the foundations of the state and principles of government.
Q24. What
is importance of sovereign power to the state?
Sovereignty means supreme power. Internally
it means the supreme power of the state to regulate, control, coerce and punish
all individuals or groups of individuals or associations within the territorial
limits of state and extremely it stands for complete independence.
Q25. What is the usual form of representation?
The usual form of representation Is territorial
representation in which all voters living in a particular constituency take
part in the election of representatives of the area.
Q26. What Is public interest litigation?
PIL means any public spirited citizen can
move/approach the Court for the public cause (in the interests of the public or
public welfare) by filing a petition.
Q27. What is the main defect of Presidential system of Government?
The system is based on separation of powers
between the legislative and executive, which makes for inadequate co-ordination
between them.
Q28. Why Plato advocated communism of property and to whom?
According to Plato political and economic
power combination was bound to lead the corruption in state. So for the rulers and
soldiers there should be communism of property, that means those who exercise
political power should have no economic motives and those who are engaged in
economic activates should have no share in political power.
Q29. Why federalism is regarded as a Government suffering from litigation
or Legalism?
As there is division of power in Federalism,
it tends to become a source of conflicts and controversies between two sets of
government and lead to time consuming litigations, which are an obstacle to
smooth and steady social and
economic
development.
Q30. What is the most relevant point of distinction between state and
other human associations?
It
is the supreme power which distinguishes the state from all other human
associations.
Q31. Why Plato advocated the ideal state to be ruled by the philosopher
kings?
Plato advocated the ideal state to be ruled
by the philosopher kings as they possessed high qualities of head and heart and
could not be corrupted by concentration of power in their hands. They are
combination of virtue and knowledge and are above all types of prejudices and are
symbol of human wisdom.
Q32. What is cumulative vote?
Under this system an elector can cast as many
as votes as there are representatives to be elected.
Q33. Why J S Mill advocated the case for women suffrage?
Because Mill was of the opinion that if women
can manage property and take part in public activities, then why should they be
regarded as less capable than men in matter of suffrage.
November 2008
Q34. What is the primary focus of political science?
Political Science is primarily concerned with
the study of the problems of State and Government. It study the origin of the State,
the various stages of tits evolution, development of the state, the attributes
of the state, sovereignty, law, ends and functions of the state, the individual's
obligations and rights.
Q35. Can a State be established without a fixed territory?
There cannot be any state without territory.
A state requires a definite portion of earth over which it can have undisputed
authority; this is called as its territory. Territory distinguished the state
from associations and it not only includes earth but
it
also includes lakes and rivers, subsoil and airspace.
Q36. Why permanence is regarded as a feature Sovereignty?
Sovereignty is a permanent feature of a state.
It continues uninterrupted as long as the State exists. Governments may be
formed or dissolved according to established procedure, but the state
continuity of state will not be affected. So, sovereignty is permanent as the
State itself.
Q37. What is the quantitative basis of Aristotle classification of
government?
In Aristotle's quantitative classification of
government, the form of state is determined by the number of persons who enjoy
political power in the state- whether the political party belong to one
(Monarchy), few (Aristocracy) or many (Polity)
Q38. What is the status of local self government under unitary form of
government?
Under unitary form of government, the local
self government derive whatever authority or autonomy they possess from the central
government and indeed their very existence is due to them, as the constitution
has conferred whole power upon a
single
central organ called as central government.
Q39. What is centripetal method of distribution of powers?
In centripetal method of distribution of
power, the powers of the Provincial Governments were enumerated and the residuary
powers were left to the Center. This type of federation was adopted in Canada.
Q40. Why is the presidential form of government not flexible?
The presidential form of government is not
flexible as everything in it is defined in a fixed mould. The president cannot
be removed from his office either the masses like his policy or do not like it
at all.
Q41. How parliamentary form of government intensifies party spirit?
In parliamentary form of government, the
majority party forms the government. The party who want to form the government
works hard to make his party win. Even if there are no issues of policy before
the nation there are always the
offices
to be fought for. One party holds them, the other desires them and the conflict
is unending, for Immediately after a defeat, the beaten party begins its
campaign to dislodge the victors and all this intensives the party spirit.
Q42. What do you understand by the concept of basic? structure of the
constitution?
The basic structure of the constitution means
collection of those principles according to which the powers of the Government
and the rights of the governed and the relationship between the two are
adjusted. The constitutions are of four types: written constitution, unwritten
constitution, rigid constitution and flexible constitution.
Q43. Why Macaulay opposed universal franchise?
Universal franchise means enfranchisement of
masses, irrespective of their economic or educational background everyone is
allowed to vote. Macaulay opposed it as according to him this will be unwise
and dangerous as the powerful persons will make use of the poor and uneducated
and for the money they can sell their votes resulting in ruins of greatest of
cities.
May 2009
Q44. Why State is regarded as the most necessary institution?
According to Aristotle, the state comes into
existence originating in the bare needs of life and continuing in existence for
the sake of good life. It alone can satisfy the need and desires of man.
Q45. Why Government is regarded as the State at work?
Government is the ruling or managing body, is
the instrument or machinery used by the state to express its will, enforce it and
act.
Q46. What is society?
Society is web of social relationship, which
binds and unites men with men, one group with another and one community with
another, This web of relationship is always changing, developing and expanding.
Q47. What is legal sovereignty?
The legal sovereign is the authority within a
government which by law has the power to issue final commands. It is the authority
to whose directions the law of states attributes final legal force.
Q48. What is the basis of Plato's three fold classification of society
as given in the Republic?
The basis of Plato’s three fold
classification of society as given in Republic was an ideal state. His ideal
state was an Utopian state and he condemned democracy and favored rule of philosopher
king in his book Republic.
Q49. How the “Rule of One" gets perverted (corrupt) according to
Aristotle?
According to Aristotle Rule of one in its
normal state is monarchy but when it is perverted that is corrupted it turns into
tyranny.
Q50. Why Machiavelli opined that a prince must combine the qualities
of a lion and a fox?
A prince must combine in himself the rational
and brutal. He should have judicious
combination of the qualities of lion and fox. A prince must play the fox and
act as hypocrite to disguise his real motives and inclinations. He must regard
his neighbors as likely enemies and keep
on guard.
Q51. What is political homogeneity?
Under the cabinet government, all ministers
are drawn from the same political party or coalition group of parties which has
majority in Parliament and which follows one policy. This is political
homogeneity. It is essential to provide stability and unity.
Q52. What is functional representation?
Functional representation is based on
occupation means representation on functional basis. According to this theory
people engaged in same kind of occupation have more things in common than
people living in the same locality.
Q53. Name two steps to ensure the independence of judiciary?
Two steps to ensure the independence of jury
are choice of judges- where it is important to appoint judges properly; and
removal of judges where the method of removal of corrupt and inefficient judges is as important as the method of their appointment
in safeguarding the independence of judiciary.
November 2009
Q54. What is the relation between State and Government?
Government is an elected or selected body of
people which carry on day-to-day functions of the state. It is the operative instrument
of the state. While the state is composed of the entire territory population
within the territory, government consists of a small number of professionals to
implement the will of state.
Q55. Identify the thinker who regarded the State as a natural and
necessary institution. Why he said so?
Aristotle regarded the State as a natural and
necessary institution. According to Aristotle, the state comes into existence
originating in the bare needs of life and continuing in existence for the sake
of good llfe. It alone can satisfy the need and desires of man.
Q56. What is a Society?
Society is a system of usages and procedures,
of authority and mutual aid, of many groupings and divisions, of control of
human behavior and liberties.
Q57. Name an advice given by Machiavelli to the prudent prince?
Machiavelli advice the prudent prince that
they should have judicious combination of the qualities of lion and fox.
Q58. Why Plato wanted Philosophers to be kings? Why Plato advised the
Philosopher kings to practice communism
of family?
According to Plato an Ideal state must be
governed by philosopher king who should be a passionless person and seeker of
wisdom and truth. Plato advised them to practice communism of family as he
wanted that the rulers and soldiers should be free from all material worries so
that they might be able to concentrate entirely on public service.
Q59. What is a Unitary Government?
Unitary government is one in which all the
powers of government are conferred in the first instance upon a single central government and that government is
left in complete freedom to effect such a distribution of these powers
territorially
as in its opinion is wise.
Q60. Why Federal judiciary is given the power of Judicial Review?
Judicial review ensures in federal States
that the Central Government and the units respect the provisions of the
Constitution and do not exceed their power.
Q61. Why Parliamentary government is also known as "responsible"
government?
Each and every administration branch of
executive works under a minister, Who Is a primarily a member in the
legislature and totally responsible.
Q62. What is Territorial Representation?
In territorial representation system, the
total electorate of the country is divided into territorial units called
constituencies or electoral districts which elect one or more representatives.
Q63. Name a factor that limits the exercise of Judicial Review of
India.
The Supreme Court Is to examine the cases on
the basis of Procedure established by law and not 'Due Process of Law
May 2010
Q64. Why State is regarded as a politically organized Society
Refer to Q2 (e) (Nov 09).
Q65. What is inalienability of Sovereignty?
Refer to Q25
Q66. Name two features of Legal Sovereignty?
Refer to Q4 (e) (Nov 09).
Q68. Name the disadvantages of the method of appointment of Judges by
the people?
The judges appointed by ordinary voters
cannot be expected to possess the capacity to judge the qualifications and competence
of candidates. An elected judge cannot be expected to be independent, when he is
to give a decision against strong public opinion on a controversial issue. They
would be party minded.
Q69. How according to Aristotle a pure form of government changes into
a corrupt form?
According to Aristotle, forms of government
keeps on changing. Monarchy is the best to start with. When the monarch gets
corrupted, monarchy gets converted into tyranny. People rebel against tyrant
and he ls overthrown. A few nobles take the place of tyrant. Thus appears
aristocracy. After sometime, the nobles also get perverted. Thus aristocracy
degenerates into oligarchy. When the oligarchs go to extreme people rebels
against them. Thus polity emerges out. It also gets corrupted. So it is
repelled by democracy. But democracy is not the ultimate solution and is replaced
with monarchy. In this way the process continues.
Q70. Why Machiavelli advised the Prince to be careful in dealing with
the property and wives of the subjects?
The ideal ruler or Prince should not under
any circumstances touch the property and women of his subjects, because people
are very possessive about these things. He even goes to the extent of
suggesting that a person will more readily forgive the murder of his father
than the confiscation of his patrimony Define Political Science Political Science
is that part of social science which stream the foundations of the state and
principles of government.
November 2010
Q73. How the subject matter of Political Science includes the study of
Political Conflicts and their resolution? Name three sources of Political
conflicts in a society.
Political, economic, and social differences
inevitably create conflict. Differences in ethnicity, gender, religion,
personality, and style also create conflict. Political conflicts are simultaneously
public and private, intellectual and emotional, procedural and structural,
preventive and reactive, 'relational and systemic. As a result of this complex,
multi-layered character, resolution efforts are required that focus on encouraging
local, collaborative initiatives and combining these elements, rather than
importing or externally imposing US-specific or generic solutions.
Q74. How State grows out of society?
Refer Q4 (c) (May 09)
Q75. How the functioning of the State differs from other human
organizations?
State is the supreme power which
distinguishes the state from all other human associations. State is a sovereign
and It commands all and obeys none, so association cannot command the state in
their internal matters. State can control an association but an association cannot
control a state. The aim of state is general welfare of its people but association
thinks of welfare of its own members and has limited and definite aim.
Q76. How Jean Boding defined Sovereignty? Give three implications of
his definition.
Jean Bodin defined sovereignty as the supreme
power over citizens and subjects, unrestrained by law. The supreme power is
perpetual. It is undelegated or delegated without limit or condition. It is
inalienable and no subject to prescription. It is unrestrained by law because
the sovereign is the source of law.
Q78. Name three principles on which the Pluralistic theory of
sovereignty Is based.
Refer Q4 (d) (Nov 08).
Q79. What is preferential vote?
Refer Q4 (c) (Nov 08).
Q80. How the quantity and quality of population make a difference to a
sovereign state?
Refer Q1.
Q81. Who propounded the concept of popular sovereignty? Name two
valuable ideas of popular sovereignty.
Refer Q4 (b) (Nov 08).
Q82. Low local bodies are known in France? How local governments am
created in Britain?
Refer Q4 (f) (Nov 09).
Q83. Give the classification of classes as given by Plato in his
description of the ideal state in the Republic.
Refer Q2.
MAY 2011
Q84. Give definition of Political Science.
Refer to Q1 (h) (May 10).
Q85. Name two differences In the functioning of State and Society?
Refer to Q4 (a) (Nov 08).
Q86. Why population is regarded as essential to constitute a state?
One cannot conceive a state unless people
live together in an associated life. It Is, therefore, in order to have a
state, a population Is necessary.
Q89. What is the element that gives independent state supremacy in
internal matters?
Sovereignty gives an independent state
supremacy in internal matters.
Q90. What is Popular Sovereignty?
Refer to Q4 (b) (Nov 08).
Q91. Why Plato advocated rule by Philosopher kings? Give a classification
of society as given by Plato in the Republic.
Refer to Q1 (e) (Nov 09) and Q1 (e) (May 09).
Q93. Name two basic principles of Pluralistic theory of sovereignty?
Refer to Q4 (d) (Nov 08).
Q94. What is a Quasi Federal State? Name one unitary feature of Indian
Constitution.
Refer to Q21.
Q95. Why Federal legislature is to be essentially bi-cameral?
A federation is union of autonomous units
which wish to maintain their separate identities. This can be partly secured through
bicameralism. Bicameralism legislature means having two chambers or two houses.
Both the chambers participate In law making. The Lower Chamber represents the
people of country by possessing the elected representatives of the people as
its members. The Upper Chamber Is represented by Provincial Governments.
Q96. What is Judicial Review? Name one limitation of judicial re-view
in India.
Refer to Q1B.
November 2011
Q97. How the scopes of political science include the study of State
Government?
Refer to Q27.
Q98. What is an Association? Why the State is known as supreme
association?
An association is a group of people, who
organize themselves, for realizing certain specific objectives according to certain
rules and procedure mutually agreed upon. The State is the highest form of
human association. It provides the environment for the self-realization and
self development of the Individual. The State is a means of progress order and justice.
It is a means by which the collective needs of man can best be secure in an
orderly and just manner.
Q99. Can a state be formed without Territory? Give reasons?
Refer to Q3 (b)(May 09).
Q100. What is Legal Sovereignty? Can Legal Sovereignty function in an arbitrary
manner?
Refer to Q1 (d)(May 09).
Q101. What is the qualitative basis of AristotIe's classification? of
government? When Monarchy changes to Tyranny?
Refer to Q1 (f) (May 09).
Q102. What is Cumulative Vote?
Refer to Q4 (c) (Nov 08).
Q103. What is the advisory function of the judiciary?
There is also one method by which judges
participate in the determination of law and is done through giving advisory opinions.
Under Article 143 of the Indian Constitution the President is authorized to
refer to the Supreme Court any question of law or fact which in his opinion is
of considerable public importance for its opinion, and under this Article the President
has' also referred Bills to Supreme Court for advising him about their
constitutional validity before giving his assent.
Q104. Define a unitary state.
Refer to Q4 (a)(May 09).
Q105. What is Quasi Federal State?
Refer to Q21.
Q106. Why the Federal Constitution is to be essentially rigid?
Refer to Q4 (f) (May 09).
May 2012
Q107. What is the primary scope of political science? Can political
science be treated as a pure science? Refer to Q1 (a) (Nov 08).
Political
Science as pure science - It is doubted whether political science
can be treated as a true science. Science is a systemized body of knowledge
based on collection, classification and comparison. The subject matter of
political science is complex and variable that scientific methods of investigation,
experiment, measurement and prediction are not applicable to political science.
Q108. Name a characteristic principle of Pluralistic theory of Sovereignty.
Name a merit of Pluralism.
Refer to Q4 (d) (Nov 08).
Q109. What is Political Sovereignty and name its two characteristics?
Political sovereignty is the body whose will
is ultimately obeyed by the citizens of the State. It is indefinite and not recognized
by Courts. Political sovereignty is supreme and highest in democracy. The
political sovereign means the sum total of influences in a State which Iles
behind the law. In modern representative government it may be defined as the power
of people.
Q110. Why Machiavelli advised the prudent prince to combine the qualities
of a lion and a fox?
Refer to Q2 (f) (Nov 08).
Q111. Name three features of Plato's Ideal State.
Refer to Q1 (e) (May 09).
112. What is the term used by Aristotle for corrupt form of Aristocracy?
Refer to Q1 (if) (May 10).
Q113. Give a definition of a Unitary Government. Why there is no scope for
constitutional conflict between the Central Government and the Local Government
in a unitary state.
Refer to Q1 (e) (Nov 08) and Q1 (f) (Nov 09).
Q114. Why a Federation is formed? Name two demerits of Federalism.
The reasons for the formation of a federation
are primarily the desire for self-preservation and defense against aggression
by more powerful neighbors, and better economic development through the
formation of a larger and potentially stronger state.
Q115. Demerits of Federalism-
Federal government is weak in the conduct of
internal and external affairs. Federation demands two sets of governments,
therefore it is more expensive.
Q116. Name two drawbacks of treating an elected representative merely as a
delegate of his constituency.
Refer to Q2 (c) (Nov 09).
Q117. Name two arguments against women enfranchisement.
Refer to Q4 (b) (May 10).
November 2012
Q118. What is Political Science? Why the scopes of political science
primarily revolve around the study of State and Government?
Political Science Is that part of social
science which treats the foundations of the state and principles of government.
Q119. Scope of political science
Refer to Q27.
Q120. Name two differences between State and Society.
Refer to Q4 (a) (Nov 08).
Q121. What is collective responsibility as feature of parliamentary government?
Collective responsibility means that, once a
decision has been taken, all ministers are bounded by It and have to defend It against
the criticism of the opposition. Whatever the differences, they are to be
expressed and debated at Cabinet and party meetings or with the Prime Minister.
Q122. Name two contributions made by Jean Bodin to the concept of
sovereignty.
Refer to Q2 (c) (May 10).
Q123. Why the federal legislature is to be essentially bicameral? Name one
factor responsible for formation of federation.
Refer to Q1 (i) (May 11) and Q1 (h) (May 12).
Q124. Why Machiavelli advised the prudent prince not to touch the property
rights of an individual?
Refer to Q1 (g) (May 10).
Q125. What is the quantitative basis of Aristotle's classification of
governments? When Aristotle regarded a form of government as pure?
Quantitative basis of classification of
states imply the number of person exercising supreme power or the location of sovereignty
in the state. A government by one man is regarded monarchy (pure) or tyranny
(perverted), if power is vested in few hands it is called aristocracy (pure) or
oligarchy (perverted) and il’ power Is in many hands it is called polity (pure)
or democracy (perverted). Aristotle also classified the government according to
the purpose of the government, A government is normal or pure, lf it works for
the welfare of the people in accordance with law. A government is perverted, if
it works for the selfish interests of those in authority by ignoring the law.
Q126. Name the division of society into classes as given by Plato.
Refer to Q2.
Q127. What is a constituency? What is single district plan?
For the purpose of holding elections, the
whole area of the country is divided into a number of divisions or small
electoral districts known as constituencies. If only one representative is
elected from each constituency, it is known as single member constituency or
single district plan. This system has been adopted by a majority of countries
in the world such as, India, the UK and USA.
Q128. Name one demerit of appointment of judges by the legislature. Name a
State following this method of appointment of judges.
When the judges are appointed by legislature
party considerations rather than merit and qualification would influence the
selection of judges. This method of indirect election of judges by legislature
is found In some American States and in Switzerland.
May 2013
Q129. What is the primary scope of Political Science? Give reasons for the
widening scope of Political Science.
Refer Q27.
Q130. What is Territorial Sea? Does the coastal state have a sovereign
claim over the Territorial Sea?
As the danger of attack by the enemy's naval
forces increased, states began to exercise an exclusive control over belt of the sea adjoining their coasts, called
the territorial sea. If a nation claims a twelve miles territorial sea, other nations
cannot object to such claim. The coastal state has sovereignty over the
territorial sea adjoining Its coast but it should allow the nonmilitary ships
of other nations a right of
innocent
passage through its territorial sea.
Q131. What is universal adult franchise? what is the usual form of
representation in modern democracy?
Refer Q2 (d) (Nov 12).
Q132. In which form of government the position of the Head of the State
and the Head of the Government is combined in one person? What ll the
relationship between the executive and the legislature in this form of
Government?
Refer Q2 (a) (Nov 09).
Q133. What is “General Will"? Write one feature of General Will.
According to Roussaeu the social contract was
based on each with all and all with each. The individual surrendered himself completely
and unconditionally to the will of the body of which he became a member. The
body, thus created is the General Will. General Will represented the collective
good. It is voice of all. It is inalienable and invisible. Real freedom lies in
obeying the General Will and law is expression of the General Will.
Q134. Name one draw backs of the method of electing Judges. Give one
example of a state following this method for appointment of Judges.
Refer Q2 (d) (May 09).
Q135. Give two arguments against treating political science as a science.
Refer Q1 (a) (May 12).
Q136. What is representation? which elections in India follow the Hare
formula of Proportional Representation?
Refer Q19.
Q137. What is Plato’s perception of Communism of family and why he
advocated Communism of Family?
Refer Q26
Q138. What is Quasi Federal State? Can Indian federation he treated as a
Quasi Federal State? Give a reason.
Refer Q21.
Q139. What are the main features of Legal Sovereignty?
The legal sovereign is always definite and
determinate. It is organized and known to law. Obedience to the commands of the
legal sovereign is obligatory; disobedience means physical punishment. It may
reside either in a person as in monarchy or it may be vested in a body of
person as in democracy authority of the legal sovereign is final It is absolute
and supreme. It is subject to no control within the state.
Q140. What is the primary function of judiciary?
Administration of justice is the primary
function of the judiciary. It has to judge or decide disputes between Individuals,
between individuals and State, and criminal cases In which persons are accused
of crimes. In deciding cases, whether civil or criminal, courts have to
determine facts and then apply the law.
ANSWER
THE FOLLOWING IN BRIEF – 12 MARKS
SHORT
NOTES – 6 MARKS
Q1. What is ‘Judge made Law’? explain the concept of Judicial
Review and its limitation in India.
A judge – made law is a law rooted
in a judiciary decision not an act of legislation made by lawmakers or a
regulation created by a government agency with the legal authority to do so.
The collective body of judge-made laws in a nation is also known as case law.
Many nations allow judges to set legal precedents when making high court
decisions, adding to the body of law in a nation and providing new
interpretation of existing laws. Lower courts do not have the authority to make
judge-made law. Only judges operating in appellate and other high courts are
able to set legal precedents by either changing the way the courts Interpret a
law, or offering a new interpretation that expands an existing law. Judges cannot
invent laws out of whole cloth; they must be able to provide clear legal
rationales for their decisions, with supporting information in the form of
decisions In single cases. After a judge-made law is created, other courts are bound
to uphold the law, or to support challenges to lt. As other courts abide by the
law, they reinforce It and create a body of case law to support the original
judge's Interpretation of a legal situation. If a challenge is filed in another
court, the other judge can choose to overturn the decision, negating the judge-made
law, or uphold it, leaving the law in place.
Q2. Impact of Montesquieu's theory of separation of powers.
Montesquieu's theory of separation of powers
was that in order to safeguard the liberty of the subjects, the three powers -
legislative, executive and judiciary or functions should not be combined or
concentrated in the hands of one individual or one body of individuals. They
must be pronounced the very definition of tyranny. Though the theory was based
upon a misreading and misinterpretation of the English Constitution, it was
widely welcomed. It had a great appeal and impact in France and the United
States. The principle was incorporated in the Constitution of 1791 which separated
the executive from the legislature, while judges were to be elected and to be
independent of both the legislature and the executive.
It was in the US that the theory found its
most ardent admirers and ls most explicit and permanent enactment. They did not
specifically affirm that the powers should be separated but they simply vested
the powers in three different and separate branches of government. The legislative
powers were assigned to the Congress. The executive powers were given to the
President. The judicial powers were vested in the courts. Concentration of
power was thus avoided; power was diffused but checks were also provided so the
one power would limit and control the other power.
Q3. Defects of Montesquieu's theory of separation of powers.
Defects
of the theory:
Government is an organic whole. If the
departments are completely separated, the work of the government will come to
standstill. In such cases, the interests of people will suffer. A complete and
rigid separation is neither practicable nor desirable. This theory rests upon a
wrong Interpretation and understanding of the British Constitution. Even If
there is complete separation, there is no guarantee that the liberty of the
individual will be safeguard. The law enforced by the executive and administered
by the courts would still be the law made by the legislature. And these laws may
be tyrannical and no one had power to change them. Liberty does not depend upon
the article and mechanical means of separation. It depends on the character and
spirit of the people. If all powers are united in one hand it may lead to
inefficiency but there cannot be any danger to the liberties of the people. In
actual practice, the legislative department has become more Important than the
other two and exercises large control over the executive.
If the theory ls accepted in its entirety
making good laws will become extremely difficult. Executive being in touch with
the administration, can very well understand the needs and difficulties of the
people. Thus for making of good laws,
recommendations
and suggestions of executive are necessary. What is required is not complete
separation but co-operation and co-ordination, Under the influence of this
theory even judges are elected by the people in same states so that they remain
independent of eh executive and legislature. But it has proved very harmful and
led to injustice. Elected judges naturally try to decide the cases to please
their voters or party which results in gross miscarriage of injustice.
Q4. Explain the Judicial review with reference to :-
Golaknath
v State of Punjab: A very significant and a contrary view was
taken by the Supreme Court in the case of Gokalnath v State of Punjab (1967)
ascribing 'inviolability and transcendentality‘ to the individual’s fundamental
rights under the Constitution. The court held that is beyond the competence of
Parliament acting under Article 368 to take away or abridge the fundamental
rights. Pronouncing the judgment, the then Chief Justice Subba Rao made a distinction
in the term 'law' used in Article 13(2) and in Article 368 i.e. the term 'law'
used in Article 13(2) is a constitutional law and the term used in Article 368
simply deals with the procedure and it does not confer any power on Parliament
to amend fundamental rights, The Supreme Court further held that fundamental
rights are natural rights or moral rights
which
every human being ought to possess. They are primordial rights necessary for
the development of the human personality. This gives fundamental rights a
transcendental position and takes them beyond the reach of Parliament. According
to the judgment, "The Parliament will have no power from the date of this
decision (27th February, 1967) to amend any of the provisions of Part III of
the Constitution so as to take away or abridge the fundamental rights"
Keshavananda
Bharti V/s State of Kerala: The majority judgment delivered in
case of Golaknath vs. State of Punjab was overruled by the Supreme Court itself
while pronouncing the judgment in the case of Keshvananda Bharati vs. State of Kerela
(1973) and the Supreme Court held that Parliament is empowered to amend any
part of the Constitution including the fundamental rights but cannot alter the
basic structure of the Constitution and thus limited the amendment power of the
Parliament. It said that Parliament cannot enact a law which may alter the
essential basic features of the structure of the Constitution. If Parliament
tries to amend the Constitution, altering its basic features, it can be
declared void by the Supreme Court.
Q5. Write a note on Quasi Federal in reference to -
Meaning of the concept India as a
Quasi-Federal state. Meaning: A Quasi-Federal state is a federal state with characteristics
of a unitary state. It is neither wholly a federal state nor wholly a unitary
state, but a combination of the two. It is an incomplete federation. India is
the best example of a quasi-federal state. The Constitution of the Indian Union
Is federal in form of but unitary in spirit. It is a powerfully unified federal
Constitution. India as a Quasi Federal State: India is semi-federal. K. C. Weare
describes the Indian Constitution as 'quasi-federal'.
Though the Constitution of Indian Union is
federal in type, for greater emphasis has been in the Constitution on Centralization
then on local autonomy. The framers of the Constitution must have intended to
provide India with a strong Central government. This explains why the Constitution
has a number of unitary features which are hardly compatible with the principle
of federalism, with the following federal features:
1. The
existence of. two levels of Govt., Central and Local with dual citizenship.
2. The
existence of two parallel systems of judiciary.
3. Rigidity of the Constitution which means that
the method of the amending the Constitution is difficult. The Constitution of
India does not strictly confirm to the above federal feature.
Q6. Discuss Plato's ideal state in reference to-
Plato’s
ideal state:
Rule of philosopher kings: According to Plato
an ideal state must be governed by a philosopher king who should be a passionless
person and seeker of wisdom and truth. He was a combination of virtue and
knowledge, He was above all types of prejudices and was a symbol of human wisdom.
By his actions he commanded respect from all. He possessed high qualities of
head and heart and could not be corrupted by concentration power in his hands.
He was a super man who could become citizens of his state a friend, philosopher
and guide at the same time who by leading a life of ascetic simplicity and
virtue inspired confidence among his subjects.
He
was above sensual appetites and did not fear for death. To achieve this and
realize justice in his ideal state he proposed a system of state controlled
education.
Q7. Merits of unitary government.
The outstanding merit of unitary government
is that it ensures unity through a uniformity of policy; law and administration
throughout the country. The writ of the Centre runs throughout the country. The
administrative machinery is unified and integrated. There are no conflicts of
jurisdiction or confusion of responsibility in regard to the duties, tasks and assignments
to be carried out. Decisions can, therefore, be taken quickly. There is
similarly no duplication of personnel or of work and so it can be less
expensive than a federal set-up. As there are no separate legislatures and
cabinets for the provinces or administrative subdivisions, it allows
flexibility in administration. Flexibility is a great merit of the unitary system.
In case of emergencies central government being the absolute power-holder can
take decisions immediately that are best
suited to the national interest without any delay. It suits best in case of
emergency. It also ensures promptness on the part of regional governments in
carrying out central directives. There is no litigation between the two sets of
governments on grounds of conflict of jurisdictions. There is single
citizenship and uniformity of laws. There is unity of administration, of
leadership and of government, It being a unified system of government is
naturally stronger than the system where the powers are divided. It is best
suited to small states.
Q8. Parliamentary and Presidential Government- comparative study.
A
distinction is made between both types of government:
1. Parliamentary
system of government is that system in which real executive (cabinet) or
ministry is immediately or largely responsible to the legislature for its
political policies or acts and is responsible immediately or ultimately to the electorate;
while the titular or nominal executive that is chief of the state, occupies a
position of irresponsibility Presidential form on the contrary is that system
in which executive is constitutionally independent of the legislature in respect
of his tenure and responsible to it for its political policies. In this system,
the chief of the state is not merely titular executive but he is real executive
and actually exercises the powers which the constitution and laws confers upon
them.
2. Parliamentary executive ensures harmony and
co-operation between the executive and legislature, which makes the efficient
legislation. It adopts policies which has the support of public opinion. The
presidential system has an advantage of having stability and freedom from
control by a simple legislative majority. The president is elected for a fixed
term and is free to pursue a reasonably continuous and consistent policy and
free to think only for the welfare of the people.
3. Cabinet
in parliamentary system is comprised of members elected by masses and in the
presidential system cabinet is team of his subordinates who are not elected representatives
of the people. In the cabinet form, there is a vast gap between theory and
practice but there is no gap in presidential type.
4. In cabinet form, cabinet is responsible to the
parliament whereas in presidential form, cabinet is not at all responsible to
the Parliament and it is collective responsible to the President.
Q9. Machiavelli's advice to the prudent prince.
Machiavelli’s advice to prudent prince was
that a prudent ruler shall abstain from property and women of his subject since
these matters offended men very easily. A prince must combine In-himself the
rational and brutal. He should have judicious combination of the qualities of
lion and fox. A prince must play the fox and act as hypocrite to disguise his
real motives and inclinations. He must regard his neighbors as likely enemies
and keep on guard. A clever prince will achieve the internal unity of state not
by surrendering his powers to the people but by establishing his despotism. He
must do as he can to keep his subjects materially contended. He may execute a conspirer but should not
confiscate his property because confiscation is more seriously felt by the
affected family than the execution
A prince must avoid being condemned or hated.
He may be condemned if he is regarded variable, inconsistent effeminate, or
irresoluble. He should show in his actions grandeur, courage, gravity and
determination. A prince should be able to hide his thoughts, plans and real
feelings and should seem to be merciful, faithful, humane, religious and
upright. A prince being free from emotional disturbance must take advantage of
people's emotions. He must be a cool and calculating opportunist. He must
oppose evil by evil. In the interests of the state, he must be ready to do sin
boldly He must be an unshakable person and dead to evil. In sentiment except
love of his state which he must have even at the cost of his own soul. He must
not be guided by the considerations of justice or injustice, good or bad, right
or wrong, mercy or cruelty, honor or dishonor in the matter of state.
Q10. What is society? Make a comparative study of State and Society.
Society: Man
is a social animal in the sense that he cannot live alone. He is dependent on
the society for his physical, psychological and emotional needs. Man is both
creator and creature of the society. He created society to fulfill his various needs;
having created the society he cannot live without it and thus in this sense
becomes creature of the society. Society is a system of usages and procedures,
of authority and mutual aid, of many groupings and divisions, of control of human
behavior and liberties. It is in this sense that society Is web of social
relationship, which binds and unites men with men, one group with another and
one community with another. This web of relationship is always changing, developing
and expanding. For its day to day functioning and for proper conduct of social
relation society creates certain norms, rules of behavior and laws to control
conflicts, resolve
disputes
and punish the wrong doers and criminals, These rules, norms, rituals and laws
form integral part of the social life.
Comparative
study of State and Society - The State may be defined as
an association of individuals occupying a certain territory having under an
organized government and enjoying sovereignty both in the internal and external
matters. It is
the
most universal and most powerful of all social institutions and Is natural and
necessary. It has arisen out of the primary instincts of man and is a gradual
growth. it is not an artificial creation and ls necessary for one's growth and
development. Aristotle held that a life of happiness and nobility is possible only
within a State. According to him, the State came into existence originating in
the bare needs of life and continuing in existence for the sake of good life.
Society on other hand may be denied as the
complex of organized associations and institutions within a community. It is a
group of people with common interests and common consciousness. According to
Maclver it includes every kind of
Willed
relationship to man to man. Deliberateness and conscious activity form the
essence of society, A large number of men traveling by the same train do not
form society but a few students meeting once a month and holding discussion may
constitute a society. State is a legal association which acts for the single
purpose of making and enforcing a permanent system of law and order. But
society, being a plurality of association, act for a variety of purposes other
than legal purpose such as
intellectual,
moral, religious, economic, aesthetic and recreational. The state is a single
organization-legal whereas society comprises within itself many organizations.
As regards methods, coercion or compulsion is the method of state whereas
society employs the method of voluntary action by persuasion.
Thus State and society both differ on their
meanings. The identification of State with society by Aristotle and other early
Greek thinkers was due to the peculiar circumstances prevailing in the Greek
city-States. The city-State body included the whole life of man. The State
exists within the, society, but it is not even the form of society. Interpreted
strictly the State is a political organization. It is a society politically
organized. Society may be organized or unorganized, but the State must have an
organization.
Q11. Evaluate Pluralistic theory of sovereignty.
Principles of Pluralism: According to
pluralists the State is only one of the numerous associations into which human beings
have organized themselves for the satisfaction of their various needs. There is
no reason why the State should be sovereign or supreme power while other
associations should be subject to its orders. The pluralists deny that the
State is a unique organization; they hold that other associations are equally
important and natural; they argue that such associations for their purpose are
as sovereign as the State is for its purpose. They emphasis the inability of
the State to enforce its will in practice against the opposition of certain groups
that command the allegiance of their members and that perform valuable
functions in society. Hence sovereignty is possessed by many associations. It
is not an indivisible unit; the State is not supreme or unlimited century. This
was because this period saw the emergence of various social cultural, political
and religious organizations, many of which exercised great influence over their
members. Speed of the ideas of freedom and liberty and individual freedom also
boosted the theory of Pluralism. Many thinkers pleaded for autonomy for these
social originations. Even H.J Laski
became a relentless pluralist Inter war period saw the rise of totalitarianism
in many countries of Europe, In Western Europe and North America there was a
kind of strong revolution against these autocratic Pluralism began to emerge in
the late 19th‘ and early 20th states. States was seen as
inimical to individual freedom and liberty.
Conclusion: By
the end of the 19"‘ century and more particularly after the economic
crisis of 1930, state gradually assumed greater and greater responsibilities of
providing relief and services to weak, needy and helpless people. With the
emergence of Welfarism State was no longer seen as inimical to individual
freedom but as savior of helpless, needy, poor and disable. During the war period
states assumed cast powers to mobilize men and material to win the war. This
required control of economy and production. In addition common man was to be
provided necessities of daily Life. These factors vastly increased the powers
and functions of the state.
Q12. Discuss the concept of Rule of Law. Or
A.V Dicey’s perception of Rule of Law.
The
‘Rule of Law’ stands for three principles-
1. No person can be deprived of life,
liberty or property except according to the procedure established by law means
no punishment unless proved guilty before ordinary courts;
2. No
person is above the law, that is, all are equal before the law;
3. rights
of citizens as the basis as the basis of Constitution.
The judges have the power to thoroughly
examine whether the procedure established by law has been strictly followed. No
man is to be deprived of his life, liberty or property unless he is proved
guilty in a Court of law and in accordance with the ordinary legal procedure.
This power of the judiciary will' effectively prevent the arbitrary arrest of
the citizens without proper trial and protect their civil liberties.
One of the chief characteristics of the
British Constitution is ‘rule of law’. It is widely acknowledged as one of the important
contributions made by Englishmen to the art and science of civilized government.
The British Constitution is an unwritten and an evolved constitution. It is
based on common (or customary) law and statute law passed by Parliament.
Rule of law is used in two senses; one is
rather a general on and the other is specific. The ‘rule of law’ signifies
supremacy of law in government and administration. It is in other words, used
to distinguish a polity governed by known laws from a political system where
the government is unrestrained by laws. The rights of citizens are not derived
from the provisions of a written or formal Constitution. They are based upon
the common law of the land and various judicial decisions in cases brought by
private citizens for the enforcement of their rights.
Q13. Method of appointment of judges-Explain.
Appointment of Judges: The first important
requisite of an independent judiciary is a proper mode of appointment. The are
three methods of choosing them:
1. election
by people;
2. election
by legislature; and
3. appointment
by the executive.
Of these three methods, appointment by the
executive is regarded by many as good. The first two methods suffer from many
defects. Elected Judges, either by the legislature or by the people, are neither
honest nor efficient, nor impartial nor independent. The Judges become party
minded. The appointment of judges by the executive is from the influence of
popular votes of party policies. The system of popular election of judges is in
vogue in some cantons of Switzerland and in some States of USA. Laski felt that
of all methods of selection, the election of judges by the people is the worst.
He says that the executive is the most appropriate agency to judge the
qualities necessary for a judicial office. Judges chosen by the executive are
likely to be most independent of popular influence and political
considerations. Many countries follow the practice of selecting the judges from
among practicing lawyers. Hence, the most common method for the appointment of
judges is nomination by the executive. Laski suggests a better method.
According to him, a Standing Committee consisting of Judges should prepare a
list of competent judges. The executive then should select judges from that
list. In India, the President appoints High Court Judges on the advice of the
Supreme Court. This is perhaps the best method.
Q14. Define
unitary government and enumerate its features. What are the merits of unitary government?
The Unitary Government: Unitary government is
one in which all the powers of government are conferred in the first instance
upon a single central government and that government is left in complete
freedom to effect such a distribution of these powers territorially as in its
opinion is wise.
Features
of the Unitary Government: The outstanding feature of a Unitary
Government is that it ensures unity through a uniformity of policy; law and
administration throughout the length and breadth of the country. The administrative
machinery is unified and integrated. The fundamental feature of Unitary
government, is that supreme power belongs to the Central Government, and there
is no constitutional division of power between national and regional government.
There is only one will, and that is of the Centre, and one centre of power, and
that is Centre. There may be, and are subdivisions variously known as
Departments, Counties etc. but they have no independent authority or Status of
their own; they are administrative units. They are given same powers and
limited autonomy to discharge their Functions the powers are delegated by the
Central Government and can be enlarged, restricted or withdrawn any time if the
Central Government wishes. Their boundaries can similarly be altered. They are
agents of the Central Government for the purpose of better and more efficient
local administration. There is no question of conflicts between the regional
and the Central governments. There is single Citizenship and uniformity of
laws. There is unity of administration, of leadership, and of government.
Q15. Explain Austin's theory of sovereignty.
Though the Concept of supremacy of the state
was well known, to Greek and Roman
philosophers and medieval thinkers, it was the British Jurist, John Austin who
first gave a very authentic definition of sovereignty, in his book, Lectures on
Jurisprudence in 1832. His theory is also known as the Monistic Theory of
Sovereignty.
Austin's
definition: According to Austin “If a determinate human
superior, not in habit of obedience to a like superior receives habitual
obedience from the bulk of a given society, that determinate superior is the
sovereign in that society and the society (including the superior) is a society
political and independent. Austin further says: To that determinate superior
the other members of the society are dependent The relation between them is
that of a sovereign and the subject. He further says that law is creation of
the sovereign but he himself is not bound by those laws. In simple language
Austin's theory means:
1. In every independent political
community there exists a sovereign. In other words sovereign is an essential
attribute of an independent state.
2. Sovereign is a determinate person or
body of persons. It cannot be vague concept.
3. Power of the sovereign is legally
unlimited with no legal limits on his authority or power.
4. Obedience to the sovereign is habitual
not casual. It is continuous and uninterrupted and must be from the majority of
the population.
5. Power of sovereign cannot he divided or
shared. In other words in a political society there can only and only one sovereign.
Division of sovereignty means its destruction.
Command of the sovereign is the law, whatever
is not commanded is not law. Disobedience to the command of the sovereign will
invite punishment.
Q16. Define state. How state grows out of society?
State:
State is the highest association of people permanently occupying a definite
geographical area, having an organized government, through which it functions,
and enjoying sovereign power. It is community of persons more or less numerous,
permanently occupying a definite portion of territory, independently or nearly
so of external control and possessing an organized government to which the
great body of inhabitants render habitual obedience. Man created society to
fulfill his various needs and to derive emotional and psychological
satisfaction. Thus first society came into existence. State emerged from within
the society much later and gradually. As society expanded and larger and larger
groups of people of people came to live together, need was felt to maintain
Internal order and peace, settle disputes among people and organize defenses
against external enemies. Earlier elders were assigned the work of settling
disputes but gradually there emerged a Chief or leader. Then came the Kingship.
If there is a king, need of a class of officials to help him carry on day to
day functions arrived. In course of time the chief or the King began to keep
large group of permanent soldiers. Then the King needed money to maintain his
officials and army, he therefore began to levy taxes. Initially the society was
regulated through tribal customs and rituals. In course of times these customs
and practices came to be codified into a body of laws. Thus, emerged an
institution of kingship, body of laws, a standing army and a system of revenue
(taxes). Thus the emergence of state was complete.
A state has three R's namely- rule, revenue
and army. State emerged from within the society, but once the state was born it
began to control and dominates the society.
Q17. Why
should a Federal constitution be written and rigid? What are the advantages of
Federalism?
1. Federal
Constitution should be written and rigid as It has all the merits of written
and rigid Constitution –
Merits of written
Constitution-
2. Written Constitution clearly demarks the
functions of each organ of government and as such there are very little chances
of dispute between these organs.
3. written
Constitution protects and safeguards the Individual Liberties and
guarantees
the people’s fundamental rights. It checks the arbitrary authority of the
government.
4. Written
Constitution is most useful In the formation of federations. In fact,
without
a written Constitution, federation cannot come into being.
5. Written
Constitution is rigid and hence will be more stable. It will not be
subjected to very frequent and hasty amendments.
Merits of rigid
constitution-
1. Rigid constitution is necessary for a
federal government to distribute the powers and functions among the various branches
of government.
2. As
the procedure of amendment is difficult, it ensures more stability.
3. As the rigid constitution is not a
plaything of politicians and political parties, it enjoys the confidence of the
people in general.
Q18. Hugo Grotius contribution to the concept of Sovereignty.
Hugo Grotius, a Dutch jurist, enunciated the
theory of sovereignty. He brought out the implications of the sovereignty of
the state in the international sphere (that Is,
the
independence of the sovereign state from foreign control). He is therefore
sometimes referred as Father of International Law. He sought to build
International Law on two distinct foundations:
1.
Nations are subject to natural law (the
dictate of right reason) in the same manner as citizens because the society of
nations is formed on the same fundamental moral principles which guide the
behavior of men in society; and
2.
He recognized a voluntary law of nations
based upon their free consent. The free consent may be explicit (Example- treaties
and conventions), or it may be implicit (Usages and customs). Thus, Grotius
extended the concept of sovereignty in the external or international sphere. He
was emphatic on the point that nations respect International Law, not because it
curtails their sovereignty, but because they voluntarily agree to do so, of
their free consent. Grotius, thus introduced the idea of external sovereignty
to the existing idea of internal sovereignty.
Q19. Need of an independent judiciary in a federation.
The independence of the judges Is equally
required to guard the constitution and the rights of Individuals from the
effects of those ill humours. But it is not with a view to infractions of the
constitution only that the independence of the judges may be an essential
safeguard against the effects of occasional ill humours in the society. These
sometimes extend no farther than to the injury of the private rights of particular
classes of citizens, by unjust and partial laws. Here also the firmness of the
judicial magistracy is of vast importance in mitigating the severity, and
confining the operation of such laws. It not only serves to moderate the immediate
mischief of those which may have been passed, Out it operates as a check upon
the legislative body in passing them; who, perceiving that obstacles to the
success of an iniquitous intention are to be expected from the ethics of the
courts, are in a manner compelled by the very motive of the injustice they
mediate, to qualify their attempts. Judges were supposed to protect minorities
from unfair treatment by legislative majorities. The legislative majorities would
treat wealthy men unfairly. The federal judges protect the Constitution from
all kinds of minorities, property, racial, and otherwise from legislative
Injustice.
Q20. Thomas Hobbes perception of Sovereignty.
Thomas
Hobbes- Hobbes made the sovereign both morally and politically
absolute. He attacked the whole Aristotelian tradition of moral philosophy and
stated that “this private measure of good is a doctrine, not only vain, but
also pernicious to the public state". Only law creates the distinction of right
and wrong, and law is the creation of the sovereign. The fundamental law of
nature is self preservation; only sovereign power can prevent men from destroying
each other; and the only sovereign power to be obeyed is an effective one-obligation
ceases at the moment when a sovereign power ceases to be able to protect the
lives of his subjects. Here is a ruthlessly rational view of sovereignty. There
is no room for loyalty In the world of Hobbes. Most theories of political
obligation had pictured sacrifice for the true monarch as the height of glory,
but for Hobbes such terms as sacrifice, true monarch, and glory were metaphysical
nonsense. He is astonishingly modem. He even speaks up for tyranny, saying that
“the name of Tyranny signifies nothing more, nor less, than the name of Sovereignty.
Nothing is worse than the lack of sovereign
power,
that ls, the state of nature; or the belief that power can be divide. If there
had not first been an opinion received of the greatest part of England that
these Powers were divided between the King and the Lords, and the House of Commons,
the people had never been divided and fallen into this Civil War.
Both Hobbes and Bodin were preoccupied with
the problem of civil war; their theories are appropriate to states of emergency.
And in Hobbes‘s theory, too, although the sovereign is absolute, he is bound by
the laws of nature. These are no longer moral matters- the law of
self-preservation dictates that no one can be expected to take his own life.
Therefore, although a man may be commanded as a soldier, he may properly
purchase a substitute; and as for men who run away in battle, when they do It
not out of treachery, but fear, they are not esteemed to do it unjustly, but
dishonorably. Thus, the germ of the nineteenth-century bourgeois is planted in
a work that other-wise might seem to be a throwback to Renaissance tyranny.
Sovereignty is once again passionately advocated and yet limited.
Q21. Demerits of Unitary Government.
Demerits
Unsuited to the needs of a big country - It
is quite unsuitable for big countries having diversity of race, religion, language
etc. It ignores the local Interests of the people, which are sacrificed on the
altar of national Interests. Aspirations of various nationalities and national
minorities are at times curbed in a unitary state.
Local
needs Ignored - It cannot give full attention to various needs
of different areas within the country. The central administration may ignore
local requirements of different parts of the country.
Centre
over-burdened - The central government is over-burdened with
legislative and administrative work In a unitary government.
Despotic
-
It is liable to turn despotic since all authority is vested in a single central
government without any checks and restraints.
Out
of Touch - The centralized system of a unitary government can put
it out of touch with the needs and demands of its individual communities. Since
there is no city or state government to handle local problems, the unitary government
may not to aware of a rise in crime, unemployment or poverty in an Individual community.
The government may also Ignore these needs.
Slow
Response Time - Since all demands, 1eeds, requests and
complaints go through one centralized system, the unitary government is often
slow in resolving local problems, even if it is listening to concerns of its
communities.
Lack
of Community - With one central government, a unitary
government lacks diversity. It is not invested in individual communities;
therefore, It tends not to preserve or develop historical or cultural resources
such as museums for Individual regions. A unitary government only 1as one
history or culture just as It has one central government.
Q22. Explain
John Austin theory of sovereignty. Examine Austin's perception of Law as
command of the Sovereign.
Austin's
perception of Law - According to Austin jurisprudence as a
science must be limited to the field of positive law (man-made law). He says
that law is an expression of will by a determinate being that a certain course
of conduct comes to pass, falling which, an evil will come upon one who
deviates from that course. He conceives of only two kinds of laws- divine and
human. Human laws fall into two classes. First, rules that are imposed by
political superiors in independent societies, which means, the rules that are
laid down by the sovereign In a state. This Is designated by Austin as positive
law. This alone is subject-matter of the science of jurisprudence. Second,
rules set by men who are not political superiors, such as the laws of fashion,
the laws of honour, mass of customs, understandings and conventions. This is
positive morality.
A law is command calling for obedience. The
source of this command is a sovereign. Whatever this superior sovereign command
is law and without him there can be no law. Austin's sovereign is supreme only
in respect of positive law. Austin was aware of the forces of positive morality
that operated In social life, but he never categorized them as law ln the
proper term. Austin's whole theory of legal sovereignty revolves around the
concept of positive law and not that of positive morality. Only as a maker of
positive law, Austin's sovereign Is supreme, irresistible, absolute and
controlled.
Q23. Define
State. Explain the internal and external aspects of State Sovereignty.
Internal
sovereignty is the relationship between a sovereign
power and its own subjects. With Sovereignty meaning holding supreme,
Independent authority over a region or state, Internal Sovereignty refers to
the Internal affairs of the state and the location of supreme power within it. A
state that has Internal sovereignty is one with a government that has been
elected by the people and has the popular legitimacy. Internal sovereignty
examines the internal affairs of a state and how it operates. It is important to
have strong internal sovereignty in relation to keeping order and peace. An
internal sovereign is a political body that possesses ultimate, final and
independent authority; one whose decisions are binding upon all citizens,
groups and institutions in society. Within the modern governmental system you
usually find internal sovereignty In states that have public sovereignty and
rarely find it within a state controlled by an internal sovereign. A form of
government that is a little different from both is the UK parliament system.
External
sovereignty concerns the relationship between a sovereign
power and other states. Externally, sovereign is free and independent, equal to
other sovereigns. Sovereignty of State is not subject to any other authority. A
state is master of its destiny and decides about peace and war. It sends and
receives diplomatic agents, enters in contracts, treaties and participates in
international conferences on an equal footing with other states irrespective of
its size, population or power. Such a State has its own foreign policy; In short,
it means that the State is independent.
