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POLITICAL
SCIENCE
PAPER 1 Part B

MONK
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Origin, Nature, Evolution, And Islamic concept of state

The state:
Definition:
French king Louis XIV(1638-1715) says, “I’m the state” (Burgess)
“particular portion of mankind viewed as an organized unit” (blentschilli)
“state is the politically organized people of a definite territory”
“a people organized for law within an definite territory” (Woodrow Wilson)

Modern definition:

“state is a community of people occupying a definite territory organized under a government,

which is supreme over all persons and associations within its territory and independent of all
foreign control or power”

Elements of state;

Population
Territory physical basis

Government
Sovereignty political bases.

Historical evolution of state;

State has evolved through the following stages:
Stateless society of the primitive times.
The tribal kingdoms
The oriental empires
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Greek-city states.
The roman empire
Feudal states
Nation-state:
Nation state:

A nation state is a state based on the bonds of nationality, such as common religion language,
customs common aspirations etc. and is strengthened by national boundaries it led to the
growth of international law which recognized the sovereignty and equality of all nation states.

Since its advent in the 15th century Europe (age of Renaissance), the nation-state has assumed
several distinct forms. These are:

Absolute monarchy:
National democracies:
Colonial empire:
Fascist dictatorship:
Communist states:
Future of the state: (national vs. international)
Theories of the origin of the state:

Knowledge of the ancient history and society did not exist in the past. When historical
knowledge fails, man resort to speculations. So, the philosophers of old ages speculated about
the causes and conditions in which the state originated. They expounded various speculative
theories: these are:

Theory of divine origin

Theory of force
Theory of social contract
Patriarchal theory
Matriarchal theory
Evolutionary theory or sociological theory:

Value of speculative theories:

“the reflection of what is false in speculative theories of the past will and in establishing more
valid conclusions on the residual basis of what is true”

Divine origin theory:

its history: in ancient times politics and religion were not separate. It was then believed
that Gold created that state as he did everything else. Kings were both rulers and priests. In
the middle ago it was believed that kings were “the shadows of God on earth”

with the rising importance of social contract theory, and the age of reason in 17th and 18th
century the theory of Divine origin lost its appeal.

The theory explained:

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“the state is created by God; the kings are divinely appointed; they are answerable to God
alone for their rule and to no human authority’

The divine right of Kings:

This theory was presented in 17th century by king James I of England and Robert Filner. It
said;

“a king can never be vicious. Even if a king is wicked, it means God has sent him as a
punishment of peoples’ sins and it is unlawful to shake off the burden which God has laid
upon them”

Criticism:

State is a human, no a divine institution

It justifies misrule and oppression of the people by bad rulers.
This theory was an attempt to check popular awakening in England.
The theory of Force:

It says; “the state is a child of force i.e. of aggression, war, conquest and subjugation. In the
primit8ive ages, a strong man or king, with the support of his warriors, subjugated the weaker
men of his tribe and established the political relation of command and obedience”

In other words,

“state is the outcome of human aggression in the past and is subsequently maintained,
defended or destroyed by force, concern or compulsion’

Criticism:

They theory over-emphasis the role of force.

Bertrand Russell:

“ force or power is as necessary to politics as energy is to physics”

Theory of social contract:

State of nature-->social contract--->civil society

Hobbes (1588-1679)

Locke*(1623-1704)

Rousseau (1712-1778)

Patriarchal Theory

According to this theory state is the enlargement of the family.

Family--->villages---->city state---->
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Matriarchal theory;

Matriarchal society into patriarchal tribes.

The evolutionary/sociological theory:

Dr. Garner says;

“state is neither the handiwork of God, nor the result of superior physical force, nor the
reaction of a contract, nor a mere expansion of a family”

Origins are always obscure and the origin of the state is no exception to the general rule.
Speculation or speculative philosophy would not help us much in discovering the beginning
of the state in the remote past. Instead of that we have to seek the help of history.
Anthropology, archaeology and other social sciences to understand how the state originated
and developed into present form. In this respect “history” is our guide and” “sociology is our
ground to formulate a correct theory of the origin of the state. They give us the historical,
evolutionary or sociological theory which is now accepted as true or correct theory of the
origin of the state.

Explanation of sociological theory:

It explains both the forces and factors which created and developed the state and the
historical stages through which it evolved. These forces and influences in the evolution of the
state are:

Kingship
Magic and religion
Property and the rise of economic class.
War and force.
Political consciousness.
Kingship

Within the family, children obey their father, while the members of the tribe obey the elders
of them tribe. The council of the elders, led by a chief, was the first political authority in the
primitive age. Membership of the tribe state was determined by birth and blood relationship

Magic and religion;

Primitive man did not understand the forces of nature and the cause of their operation. He
endeavourer to control them by magical rites and practices. This was his religion. In primitive
tribes, the men who knew about magic and medicine. Acquired authority on the tribe. They
became the forerunners of the tribe chiefs and kings.

Property and the rice of economic classes:

The rice of state was determined by the growth of property relations and classes.

War and force;

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In the beginning, might was right. Purpose was the capture of animals, wealth and land of the
neighboring tribes.

Political consciousness:

Progress began when men began to question the purpose of institution and social order.

Concept of the state

Traditional and modern:

By “concept’ we mean they way we understand or know a thing. There are three different
concepts of state i.e.

Traditional, modern, Islamic,

Traditional concept of the state:

Ethical concept of ancient Greeks:

The ancient Greeks were the first people in the world who had systematically thought about
the nature and the purpose of the state which they called “polis’ or city state.

According to the Greeks, the state was an ethical society. Its arm was to make man’s life
good and perfect. The good life was possible they education and full participation in all the
activities of the state by citizens. The ancient Greeks did not believe in the present day
dichotomy of the individual (vs)k the state. For them, the individual was an integral part of
the state. Some of the moral principles which Greeks upheld were justice, moderate pursuit of
truth and patriotism.

Ethical concept of state by PLATO:

His concept was deeply ethical. He believed that knowledge was the supreme virtue, and
justice consisted in doing the thing for which an individual is by nature fit. The state exist to
attain the idea of Good or vitue. According to hi the state like an individual has three virtues,
knowledge, courage, and appetite, they lie in three parts of human body. Appetite in belly
courage in heart and knowledge of good in head. Similarly the state consists of three classes.
Artisans-soldiers and philosopher rulers.

Plato’s concept of state was based on the division of ethical qualities or virtues. It was an
ideal state.
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Religious concept of st. Augustine:

Roman empire declared Christianity as state religion in 4th century A.D. in 410, Rome was
conquered which was never attacked by anyone since last 800 years. The Pegan Roman
declared that Rome was defeated because of Christianity. Pagans worshiped Roman Gods
and Godesses. Augustine stood to defend Christianity against this accusation and wrote his
famous book “the city of God”

He gave religious concept of state in this book. By city he meant state like Greeks. According
to him there were two states i.e. the city of Kingdom of God and city of Kingdom of Satan.
The kingdom of God is visible in the Christian church. Man should obey the state only when
it has adopted the Christian ways of life as taught by Jesus Christ. He believed that the
Christian church was the march of God on earth. The said that the church represented the city
of God on earth, as a social union of true believers.

Modern concept of state;

It is absolutely different from the traditional concept. It is secular national and legal.

Secularism;

It means state is separate from religion. Church is not to interfere in matters of politics and
state. Secular state is not necessarily an irreligious state, but it. Believes that religion is a
private matter of the individual. Thus modern state is different from Greek concept of state
which was ethical and from medieval concept which was deeply religious.

The idea of secular state was first propounded by Machiavelli but it didn’t bring about real
secularism i.e.: complete separation of religion and state, for he advocated that the ruler
should use religion for his politically purposes. However it was in the 20th century that
secular states came into being in Europe and America.

Nationalism:

Modern state is a national state. A nation is a people united by the bonds of common
language, religion, culture or race ad common historical experiences. in other words a nation
state means a people who are conscious of their separate and independent natural identity
under their separate and independent national identity under their separate and independent
state. Subjective elements like psychological factors of national feelings and consciousness
play important role in the formation of nation state apart from objective factor(language,
culture).. it is said the psychological factors of nationhood are more important. In the respect
“Ruston” says,.

“it is not mountains and valleys that make people a nation; it is their consciousness of being a
nation that makes than so”

As a matter of fact, the rise of the national states in Europe in the modern time was a revolt
against the concept of universal Christian community presented by the Catholic Church in the
Middle ages. England and France were the first national states. After the French
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Revolution(1789), several central and southern European nation-states came into being. After
the 2nd w.w. nationalism spread in Asia and Africa.

Legalism:

Modern state is based upon law. Law mean a general rule of external conduct, passed and
enforced by the state. Law is an instrument of social control to prevent conflict, violence and
crime in society. Subordination to law of all the people, whether rich or poor, high or law, is
known as rule of law. Modern state and law have grown together.

Islamic concept of the state:

Nature of the Islamic polity:

Islam is a complete code of life nothing in human life and behavior is outside or beyond
islam. Islam doesn’t believe in separation of religious from political life. The life I this world
is meant for preparing for the eternal life of the next world, which is everlasting. The concept
of state in Islam, therefore, should be understood on the basis of this integrative principle of
Islam.

Sovereignty of Allah:

To Holy Quran Says:

“to him belongs the dominions of the Heavens and of the earth. It is he who gives life and
death, and he has full knowledge of all things’.

Again:

“the command is for none but Allah”

Again:

“Allah has power over all things”

Inshort, sovereignty in Islam does and can belong only to Allah and none other can claim to
be sovereign. The basic allegiance of the Muslims is to God and his law, to which even the
head of the state is subservient.

Khilafat:

The Holy Quran proclaims the vicegerency of man. It says “And when the Lord said unto the
angels: “Lo! I am about to place a vicegerent in the Earth”

The institution of Khilafat or Caliphate came into being after the demise of Holy prophet
(PBUH). The Khalifa was also known as Imam for he combined both political and religious
duties of leadership of the Muslim community.

“Caliph is the temporal ruler of the state and defender of the Faith”
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Rosenthal: “const. Law is Islam” the institution of Caliphate has a very long him story. It had
existed from 632 A.D, when Hazrat Abu Bakark became the first Caliph in the history of
Islam, down to 1924.

Government by consultation:

It was also the practice of the Holy prophet (PBUH) who consulted his companions in all
matters of state. The institution of Shura was developed by Khulafa-i-Rashideen afterwards.
This system is the foundation of Democratic government is Islam.

Obedience of the Aulul-Amar or the Ruler:

The Quranic injunction call up on the Muslims to obey the supreme commander among them.

Equality of mankind:

In Islamic polity, there is no distinction or discrimination of man and man on the ground of
race, color, language, profession or country.

Order good and punish wrong:

Islam enjoins the state to maintain morality. It asks the ruler to order good and punish wrong.

Payment of Zakat:

Muslims are asked to pay it as dutifully as they perform five time prayers.

Justice:

Theories of Khilafat:

Caliph remained the political and religion leader of the Muslim Ummah. But when the
Abbasia Caliphate began to decline from about 940 A.D, the Caliphate theory was challenged
by rival Caliphs. This critical situation made several Muslim political thinkers to expound
various theories of Caliphate. Among them al-Mawarli, Ghazahk and Ibn-i-Khuldoon are
important.

Al-Mawardi’s theory of Khilafat:

Abbasid Caliphs had been deprived of all political authority by the Buwaihid Emirs. Al
Marwardi(995-1058) wrote his famous book al Ahkam Sultania to defend Khilafat.

According to Mawardi, the institution of Caliphate is based on following principles.

Sovereignty belongs to Allah

Authority is vested in Khalifa as the successor of Holy Prophet (PBUH)
The duty of Imam a Khalifa is to impose in Shariah. Mawardi defines the institution
of Khilafat as the institution “replacing prophecy in the defense of the Faith and the
administration of the world”
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Election of the Caliph:

Imam will be elected if he has following qualities:

Upholds justice under all conditions.

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Has knowledge of religion.
.
Possesses all physical senses.
.
Integrity of physical organs.
Wisdom
Bravery: capable of waging Jihad.
Quaryshite descent.

Mode of election:

He may be elected by electoral college

May be nominated by the ruling Imam, who may nominate his son, father or relative
qualified for the office.

Duties of the Imam:

Uphold the “Islam” and Shariah’

Dispense justice according to ‘sharia”
Maintain law and order.
Must enforce criminal code of Quran
Defend the frontiers of the state.
Establish supremacy of Islam and under Ertake Jihad against those who oppose Islam.
Collect Zakat and Khiraj
Pay allowances from to the employees.
Must appoint honest and sincere men in administration.
Imam should keep himself informed of the affairs of the state.

Duties of people:

They must obey him

Help him in the defense and security of the state.

Deposition of Imam:

If there is a change in his moral status i.e.:

When Imam disregards the injunctions of the Shariah.
If he renounces or disturb the established principles of Islam.
If he suffers 3 bodily effects:
Loss of physical sense and of mental faculty.
Loss of body organs which render him incapable of performing his normal duties.
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Loss of ability to supervise and direct the affairs of the start. When imam becomes a
prisons in the hands of an enemy.
Al. Ghazali’s theory of khilafat:

His times:

Abbasid caliphate had lost all political influence in Ghazali’sk time. Saljuk Sultans were the
real rulers of Eastern regions of Islamic world. Recognizing their supremacy at Ghazali
declared Sultanate as the protector or defender of the Caliphate, an institution which he
considered essential for the unity of the Islamic world.

His method:

Al-Ghazali(1058-1111)A.D Sought inspiration from both Islamic and non-islamic sources.

His theory:

According to Ghazali’, “Khilafat is a divine state which is required not be reason but by the
Shariat or divine law.” The Imam should divot himself to religious and spiritual functions, for
he is the “shadow of Allah’ on earth. He should be therefore, modest simple and just, for he is
a ‘fountain of justce”

“Imam is Khalifa Tullah” Khulafai Rashideen never claimed to be khalifa tullah. They
claimed to be Khalifa-tu-Rasul

Ghazali said: “Din is the foundation and Sultan is the guardian

Duties of Khalifa:

Should have ability to wage jihad.

Should discharge the duties of administration.
Should have knowledge for and should consult ulema.
Must be pious
Must do justice.
Study the Shariah
Practice religious virtues, humility, charity.
Should have check on administration.
Avoid pride.
Khaldun’s theory of Khilafat:

By the time of Ibni Khaldum(1332-1406), the Abbasid Caliphate had long ceased to exist,
while the title of Khalifa was assumed by various other Muslim rulers such as the ruler of
Spain, Fatmid Egypt etc.

Khaldum distinguished four kinds of state or governmental systems developed in the history
of time.
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Khilafat (divine; ideal state)

Mulk Under Shariah (divine law)
Mulk Under Sias aqlia
Siyasa Madariya (hypothetical state which never existed.
Khilafat:

Ideal Islamic state established by the Holy prophet under divine guidance of Qurank and
maintained by Khulfa-i-Rashideen

Mulk Under Shariah:

Ideal khilafat was transferred to an inferior Muslim state, which he called Mulk under
Shariah. Although the outward form of Khilafat was preserved, its inward form was changed.

Though not good as ideal state, it was nevertheless, second best. The reason was that it was
still governed by the divinely promulgated Shariah. This change was brought about by
Asabiya or loyalty to tribes and due to the rise of urban life muslism.

Mulk underk Siyasa Aqlia:

The best state in the evolution of the Muslim state was the Mulk or absolute Monarchy under
its rational regime. It was absolute monarchy on the pattern of the ancient Persian rulers.
Really, it was not an Islamic but a Muslim state.

The Mulk or Monarchy came into being by the force of asabiya (Nationalism) but after two
generation, the “asabiya’ of the tribe or tribes of the ruling dynasty vanished and its political
authority or power was now based only on the force of the sword ease and luxury
degenerated rulers and thus they were defeated by their nomadic neighbors.

Nature of the state

There are three kinds of views about the nature of the state/ monist-Dualistk and pluralist
theories of the nature of the state.

Monist theory:

The monist view of the state is that it is single, unified whole, while the Individuals who
compose it have no separate and independent existence of their own, but are part and parcel
of the state in which they live. They exist merely as “atomic units in the whole mass. “they
have no individuality of their own while the state has a personality of his own. The monistic
view of the state nature has been expressed in several theories i.e. Organic theory, idealist
theory and juristic personality theory etc.

Pluralist theory:

Its view of the state is just opposite of the monistic view. It regards state as a composite body
in which the individuals have distinct and independent existence of their own. The extreme
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pluralist view rejects the state altogether and regards the society as a mere aggregation of
individuals. This view’s found in such theories like individualism etc.

Dualist theory:

In between the two extremes of monistic and pluralist theories is the third view of the dualist
theory. It is a compromise between the two. It regards both the state and the individual as
distinct but interdependent. Neither individual is completely merged into the state nor he is
entirely isolated from or independent of it. This view is held by several theorists e.g. Lock’s
theory of social contract, English utilitarianism.

Theories of supporting monistic view:

Organic theory:

An organic is a living body .e.g an animal or a plant consisting of various parts. Each one of
which exists upon the proper functioning of the other, as well as of the whole. Each part has a
specific function. But they subserve the common needs of the whole e.g. the land works for
the common need of who body.

The organic theory asserts that state has the same characteristics as a living organism has.
The state is a living organism of which the individuals are calls or parts. State is identical
with animal organism in every respect such as in Origin, structure and function etc.

Spencer’s organic theory:

The organic theory of state received its most consistent and systemic treatment at the hands
of English philosopher Herbert Spence.

He says:

Individual is the cell of the state.

Parallelism in growth and development.
Functional inter-dependence of the parts.

Criticism:

Individuals are not like the cells in natural organism.

An individual has a life of his own and can exist without the state.
The state is not an organism in physical sense.
Unlike the individual organisms, the state has no process of birth, growth, decay and
death.
State is a concept, a abstract entity, while the organism is a concrete body.
The idealist theory:
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Idealism is an old theory. Its origin can be traced to Aristotle and Plato. Plato presented an
‘ideal’ state in his book ‘the republic’. Both Plato and Aristotle held that in the state alone the
individual reaches his highest development. However their theory was best expounded by
German philosophers was of 18th and 19th century of Kant and Hegal.

It’s principles:

The idealists regard state as an and individuals as a means to this end. It is only in the state
that individual can be at his best. Out of state, he is nothing. Idealists have the same attitude
towards the state as the organic theory but with one difference. Idealists regard the state as a
person. While organic thinkers regard it as an organism.

Will of the state is the real will of individual.

Rousseau’s “General will”
The actions of the state are always right.
Personality of the state and its absolution.

“the individual is fleeting, the state is everlasting, the leave wither, the tree stands “the state is
reality while the individual is a temporary actuality.

Definition of State:

“state is the march of God on earth’ (Hegal) individuals should worship it.

Identity of the state and society:

Like organic theorists the idealists also make no distinction between the society and the state.

Criticism:

The state cannot request the real will of the people.

Idealist theory denies the rights of the individual.
It denies the individuality of individual

Juristic or personality theory:

This theory was presented by the juristic in the end of 19th and beginning of 20th century.

In the eyes of law, the individual is a ‘person’ in the sense that he has a will rights and duties;
he can do something which law recognizes as his ‘right’ jurists have also long recognized that
there are certain artificial person’ such as corporations which have ‘rights’ and ‘power’
recognized by law. The artificial personality of a corporation is a legal fiction. The state,
according to them, has a will of its own and can act in the same way as does human beings.
So, the state is a super-person. The advocates of personality theory illustrate the real
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personality, will and rights of the state by refereeing to fact that it owns property, enters into
contracts, direct economic enterprises and can sue or be sued in law courts.

Conclusion;

None of the three mnuistic theories explains the nature of the state wholly. The state is not
merely an idea. An absolute concept a legal fiction, a juristic personality, a living organism. It
is more than any of these descriptions. It is all of them and more.

Separation of powers
Origin and need:

Since the ancient days of Aristotle, political writes have recognized the three fold distribution
of government functions or powers. They are;

Legislative: law making power

Executive: law enforcing power
Judicial: law adjudicating power

Each power is exercised by its own department or organ of government. However,

Montesquieu was the first thinker who expounded this three-fold division as a theory of
separation of powers in order to safeguard the liberty of the individual.

Montesquieu theory:

“the liberty of the individual requires that neither all these three powers nor any two of them
should be placed in the hands of one man or one body of men.

If

Legislative and executive powers united:

There can be no liberty
Judicial and legislative united in one
Judicial and executive….

Later on several English and American writers also imitated in their own ways.

Explanation (in defence of liberty)

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He proposed that the powers of government should be so separated that one power should be
a check on another and thus balance each other, for “power halts power’. He pleaded that the
departments of govt. should be so organized that each department should perform distinct
functions within the sphere of power assigned to it. If anyone of the departments or person
endeavors to make law or exercise power more than what the constitution provides it or he
should be checked by other. In this way tyranny would be avoided and liberty safeguarded.

Its appreciation;

Did Montesquieu mean an absolute separation or a partial one?

Montesquieu didn’t perhaps favor a rigid or total separation of powers. The nature of
judiciary is such that it must be separated from and independent of the other two departments.

Protection of the individual liberty:

Is the separation of powers necessary to the lord chancellor is the head of the judiciary but he
provides over the meetings of the house of Lords and is also the member of the cabinet. The
three organs are interrelated though separate in theory.

Criticism:

Complete separation is impossible:

Govt. like human body, is an organic whole.

Leads to constitutional dead-locks and administrative inefficiency:

All departments are not equal:

Legislative is superior.

Destroys responsibility:

Conclusion;

“it has never been more than a theory and an ideal.” This theory was primarily enunciated by
Montesquieu for this purpose alone. But after more than a century of its application we find
that individual liberty is not dependent upon separation of powers. In England there is no
separation of powers yet individual liberty is as secure there as in USA. Liberty primarily
depends upon the spirit of the people, laws and institutions. Separation of powers ensures
liberty but it is not the only basis of liberty.

Practicable application of the theory:

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In USA:

American constitution made an essay in the separation of powers and today is the most
important polity of the world which operates upon this principle. But principle of separation
of power in US is adopted in a modified form.k there is no absolute separation of the thee
departments.

Britain:

Cabinet members are the heads of the executive department but they arre also members of the
parliament.

Functions;

Legislation:

New laws and amendment in old ones.

Financial Functions:
Gants money.
Supervision of revenues and expenditure.
Budget is presented before legislature.
Administrative functions:
Control the cabinet
Cabinet members answer the question during debates.
Vote of no-confidence.
Amendment of constitution:
Through simple majority in UK
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2/3 majority in other states.
.
Judicial powers;
.
American senate can impeach president.
British H.O.L is highest court of justice.
Source of political recruitment:
A training centre.
Selective functions:
In Pakistan parliament and provincial assemblies elect president.
Legislators of state assemblies in US elect judges.

Legislature:

Evolution:
King. The supreme law making authority.
Need for separation institution for this purposes felt.
After French revolution popular representation.
Most of the modern legislature in 19th century because.
Extension of suffrage.
Increase in power.
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Better organization.
Elections after regular interests.
Strengthening of democratic process.
Organization:
Two types:

Unicameral:

Having only one and mostly elected chamber e.g. Pakistan federal legislation under 1956c.

:federal parliament of indonessia.

Bicameral:

Two chambers one on the basis of population and other on the basis of principle of equality.

e.g. “Pak national Assembly (population)

“Senate of Pakistan (equality basis)

e.g. “Lockk Sabba and Rajia Sabba in India

the second chamber is dangerous. If it agrees it is useless.

Unicameralism prevents wastage;

Of time, energy money.

An ideal second chamber is impossible:

Defects of 2nd chamber:
It is reactionary
It is conservative
Promotes minority interests at the expense of national interests.
Delays even passing of good laws.
Defects of unicameralism are remedicable:
Bicameralism not necessary even in a federal state;

Conclusion:

(experience of history is in favor of a bicameral system.

Functions of a 2nd chamber:

According to Lord Bryce second chamber should perform following functions.

It should revise and examine the bills brought from the lower house.
The bills dealing with subjects of politically unimportant and non-controversial nature
should be initiated in the upper house, so that when they go in merits of Bicameralism
demerits of unicameralism:
Prevents hasty legislation:
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Bill passed by one house has to go before the other.

Bicameralism provides proper representation of national interests and
minorities:
A check on legislative despotism:
Reduces pressure of work:
Secure the elections of able and experienced men (senators)
Necessary in federalism for the representation of units
A correct barometer of public opinion.
Arguments against bicameralism/in favor of unicameralism:
Unicameralism is democratic bicameralism divides responsibility:
Democracy shouldn’t speak in two voices. Bicameralism is a cart with a horse on both
sides.
Second chamber is either mischievous or superfluous:

If it opposes the popular assembly

Direct Legislation

When the popularly elected legislatures do not come to the people’s expectations their
electorate are allowed to like pact in governing the country and

They give their verdict on important issues.

Suggest legislative measures.
Call their representatives back owing to their incompetence.

This is done through the process of direct voting by the people on specific date and time.

Need for direct legislation:

Sometimes a constitutional requirement.

Result of the dissatisfaction of electorate.
Corruption.\
When legislature is failed to erect a specific law.
In case of territorial disputes b/w two state (e.g. kashmi b/wk india and Pak)
When a law is against moral standards
Reflects popular sovereignty.

Types of direct legislation:

Lower house, they may be passed quickly.

It should be a delaying not an obstructing body.

It should possess lesser and limited powers.

Actual powers and functions of the second chamber;

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Two theories:

Its powers should be equal to lower house.

Lesser than lower house (actually impractice)

Composition and representation:

Usually three principles.

Principle of hereditary:
House of Lords.
Principle of nominated:
Rates e,g, in Canada
Principle of election:
Direct elections in USA indirect in France.
Satisfactory composition:
Indirect election
Long tenure to provide continuity.
Some seats for nomination by executive.
Only the basic principle or outline is proposed.

Example:

Imitative allowed in 14 states of US for constitutional amendment.

“thus both the referendum and useful. If initiative is a +ve power of electorate through
which they can compel the legislature for the enactment of a new law referendum is a
–ve power by which they can get rid of undesirable law.
Plebiscite:
Special type of referendum to allow a nationality or minority to determine than
political destroy. Normally imitated for the settlement of territorial disputes b/w two
states
Example:
Establish men of UAR in 1958 through plebiscite.
Future settlement of kashmiri
Settlement of East Timor

Referendum:

A process in which the electorate have the right to ratify or reject a piece of legislation policy,
appointment. There are two types of referendum.

Compulsory referendum:

All the bills or certain bill are presented before the people. People may ratify or reject it.

Optional referendum:
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Referendum on any attention in a law or proposal for a new enactment on a petition from a
certain number of People.

Example;

Initiative:

Power of electorate through which they can initiate proposals for:

Constitutional amendment
Enactment of new law.
Changing the existing law.
Formulative initiative:
The electorate is expected to present a well formulated proposal
Unformulated initiative:
People were conservative by nature:
Unfit for parliamentary states:

Conclusion:

Not successful anywhere except Switzerland. “it improve nothing, neither the law nor the
people, it disturbs everything without providing solution.”

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Recall
Power of electorate to remove their elected representative prior to the termination of their
tenure and their substitution. Minimum member so voters are fixed for such a move

Example:

Removal of judge in USA through recall

Swiss Carillons are dissolved through recall.

Merits of direct legislation:

Based on the sovereignty of the people:

Encourage respect for law.
b/w laws are made/ratified by the people themselves.
Avoid the defects of the legislative bodies.
Good pol. Education of the people.
A safety volve:

Demerits:

Undermine the prestige of the legislators

People unfit to pronounce on complex issues:
People don’t take much interest:
Vitiates majority principle.

Executive

Meaning:

In the broad sense the executive includes all officials of the state from president down to
policeman, who executes or enforces law. In the narrow sense, it denotes the heads of the
executive departments who determine the policy of government, i.e. the president or the king
and the ministers or the cabinet. It is in this sense that the term is used in pol. Science.

Thus the executive in the Great Britain means the queen and Cabinet of ministers headed by
the prime minster and in the USA the president and the secretaries, In Pakistan, the president
and the central ministers and provincial governors and ministers.

Executive and administration distinguish:

The executive sees that laws are properly enforced, but their actual enforcement in the
daily administration is the primary duty of police administration.
The executive is responsible to the legislation the administrative officials are
responsible to the heads of their departments.
Executive heads are ministers are politicians the administrative officers don’t
participate in politics.
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Importance of executive:

The essence of government in an executive. The legislature and judiciary are merely the
instruments of constiutionalizing it.

It Essential Attributes:

Executive must have qualities of leadership.

It should have energy, unity of will, promptitude in action, finality of decisions and
secrecy.
It consists of one or few persons not of many as does the legislature.
Executive should have ample discretionary powers but no arbitrary powers.
Term of his/its office should be fairly long.

Functions and powers:

Internal and powers:

Ministry of interior
Military functions:
Defense ministry
Diplomatic functions:
Foreign ministry
Legislative functions:
In modern times, executive also participates in legislative function depending upon
the form of govt. the share of executive is greater in legislation under parliament
theory form of govt.
The power of issuing ordinances
E.g.: in Pak: ordinance –making power to president and governs.
Financial functions:

Finance ministry budget preparation, annual report revenue and expenditurs.

Judicial powers;
Right of pardon
General proclamation of amnesty
Settling free the prisoners.
Other functions:

Regulates trade, industry, agriculture, education, public health transport, etc.

Executive powers on increase:

Powers of executive are increasing rapidly in modern times. Why it Is so?

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Need for leadership:

In 19th century parliament were able to provide leadership. But they have now failed to do so.
The executive alone is able to provide leadership.

Change in attitude:

With the rise of popular govt. the former suspicion of the execution power has vanished.

Decline of legislature:

Legislatures are over-burdened with work and cannot perform all their duties which they
have to delegate to the executive.

Quantive increase in govt. functions:

Matters as industry, communication, health, education, agriculture, etc.

The elected executive:

Unlike monarchies of old age, executives are elected.

Public opinion:

Agencies of public opinion like TV, Radio, Press are under greater control of executive.

Modern war:

Sophistreatd warfare after w.w.i. executives always preparing for regional and global wars.

Types of the executives:

Before the rise of democracy, there was only one kind of executive the hereditary.

In modern times there are different types.

Nominal and real executive.

Single and plural executive.
Hereditary, elected, nominated executives.
Parliamentary and presidential executives.
Dictators.
Nominal and real:

In the parliamentary form the king or the president in chief executive. In theory he posses
great powers but in practice, his powers are exercised by prime minster or cabinet. Thus
president becomes nominal and prime minister or his cabinet the real executive. E.g.:
president and prime minister of India and Pakistan.
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Single and plural:

Executive power in the hands of president of USA. i.e. he is single executive his ministers are
his nominies only.

Plural executive e.g. the 7 member Swiss feudal council

Criticism:

Back of unity and danger of coup in plural executive

Hereditary, elected, nominated:

Hereditary:
Associated with monarchial form of govt.
Life long term of office.
Today, hereditary monarchy can only survive with constitutional and limited powers.
Elective;
Direct election;

Directly elected by popular vote.

e.g.: in Chile

Indirect election:

People elect “electoral college” they elect president. Eg: US presidential elections.

“electoral college” is equal to the member of the members of the congresss in USA.

Election by legislature:

No separate “elected college”. The legislature forms electoral college. E.g elections of
president in India, Pakistan etc.

Nominated:

In colonies by imperial powers.

e.g.: governor general of British India.

Parliamentary and presidential executives:

Dictatorship:

Duration of office:

Depends upon the nature of executive and form of government.

Re-eligibility:

No uniformity of practice
Decided according to the length of the term.
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Judiciary

Judiciary is the third organ of the government. There is no better test for the excellence of a
government than efficiency of its judicial system.

Organization:

Supreme level
High level
Intermediate/ appellate level.
Lower courts/ courts of first instance.

Functions:

Settlement of disputes.
Interpretation of laws.
Judicial review.
Preventive justice. (preventing the violation of rights)
Advisory opinion.
Non-judicial function (granting of licenses etc.)

Independence of judiciary:

It means that the judges should be independent of the other two organs

Necessity of independent judiciary:

For making an impartial trial of the accused

Try state officials for offences committed by them in the course of performing their
public duty.
To protect the constitution and law against the encroachment by govt. or individuals.
How to secure independence.
mode of appointment of judges;
election by the people:
e.g. in US and France this method is defective. The elected judges are more of
politicians than judges since they are backed by parties.
Long tenure of office;

Short tenure is unwise and defective.

Promotion and security of office:

Promotion cannot go by seniority alone, because in efficient judges can be promoted to

important position this way. It should not depend on the pleasure of the executive.

Fixed and adequate salary:

Qualification of judges:

Must be professional experts

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Separation of judiciary:

Judicial Review

Meaning:

in federal states, the judiciary has the power to declare a legislative statutes as ultra vires and
unconstitutional and therefore null and void when its contrary to the provisions of the
constitution.

Federalism and judicial Review:

Courts have become the protectors and guardians of the constitution and powers of center and
federating units in a federal state. The doctrine of judicial review was originated by a US
judge Marshall in 1803.

The power of judicial review doesn’t mean that the judiciary is superior to legislature it acts
only as a protector of the constitution.

Arguments for.

Courts are guardian and protector or constitution and the powers distributed b/w
centre and units.
Courts protect fundamental rights of citizens or the “Bill of rights’
It enables a rigid constitution to be modified and extended by judicial interpretations.

Arguments against;

It violates the principle of ‘separation of powers”

It enable judiciary to veto the laws of federal and components units.
Violates the principle of sovereignty of legislature.
Judges are by training and profession, a constitutive people. Hence. They refuse to
accept laws which embody new ideas and programs.
Judges are not sufficiency aware of public opinion.

Judiciary and individual Liberty:

Courts are entrusted with the important task of defining and defending the rights and liberty
of the individual. But the question is how---?

Rights and liberties of individuals are threaded by their fellow citizen and by the officials of
the state. The states now maintain a strong administration and its courts are now strong
enough to punish even the most powerful individuals. Government from minister to police
constable are a real danger to individual rights and liberty. It may occur in following ways.
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Dictatorships arise on the principle that “the welfare of the people in the supreme
law” and various kinds of restrictions are imposed on the liberty of the masses on this
principle.
Officials breach individual liberty by their neglect of duty or due to the misuse of
their powers.
How can the courts defend in such cases the rights and freedom of the individuals?
This question has been solved in two different ways.
Theory rule of law in Pak and UK
Administrative law in france.
Rule on law:

Meaning: it means that ordinary law is everywhere, and every person is subject
to ordinary law courts whether he is an officer of the state or private citizens,

Interference in the individual liberty on the principle “the welfare of the people in the
supreme law”. Is rejected by the principle of “rule of law” . the govt. has the power only to
carry out the law and not to do whatever it thinks fit.

Dicey analysis:

According to him “rule of law” means three things;

Supremacy of law:

No person can be punished by the government except when he has violated a law.

Equality before law;

All men whether the officials or the private citizens are equal before ordinary law.
There is one kind of law for all.
Ordinary law guarantees individual liberty:

Limitations on rule of law;

In present times, rule of law is subject to serious limitations.

Growth of delegated legislation:

Increased volume and pressure of legislative work has made it difficult for the parliament to
discuss the details of my bills, which contain technical classes.

Growth of administrative jurisdiction:

It is now a practice to authorize administrative officials by states to decide disputes between

their departments and private citizens.

Special immunities of certain public officials:

Eg. Diplomatic immunities

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Administrative law:

The administrative law is that part of French law which regulates the relations of public
officers and private citizens and determines.

The position and liabilities of public officials.

The rights and liabilities of private citizens in their dealings with public officials and
representatives of state.
The procedure by with these rights and liabilities are enforced.

The disputes b/w private citizens and public officials will not go before and ordinary court
and tried under the ordinary law, but before a special court called the administrative court,
consisting of superior administrative officers and under special laws Called the administrative
law.

Administrative courts exist parallel to ordinary courts. Ordinary courts deal with the disputes
b/w private citizens only.

Origin and organization:

The feeling was that if the judges were allowed to decide controversies arising between the
state and private individuals, it would results in judicial interference in the operations of the
government. According to act of 1790 (soon after French Revolution 1789) the judicial and
administrative functions were separated and the jurisdiction of the judicial courts was
confined to the decision of cases between private citizens.

The highest administrative court in France is the council of state in the Paris. The system was
originated in France but has now been adopted in several states of Europe.

Arguments against:

Tendency to protect officials because of administrative courts are administrative

officials.
Judges are not independent. They are under official pressure.
The system denies the principle of ‘rule of law’
The judges cannot be impartial
The same body is both prosecutor and judge.

Arguments for;

System promotes efficiency in administration

French experience has shown that the system of administrative law and courts does
not threaten individual liberty.
It dispense justice in an easy, in expensive and speedy manner.
Administrative law is not codified and thus possess of merits of elasticity.
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Conclusion;

Administrative law is superior to rule of law.

Classification of states and Government:

Aristotle’s classification:

First principle 2nd Rule of one Rule of few Rule of many

principle

Normal or good Monarchy Aristocracy Polity

Perverted or bad Tyranny Oligarchy Democracy

Aristotelian cycle of political change:

Monarchy

Tyranny

Aristocracy

Oligarchy

Polity MONKCSS@GMAIL.COM
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Democracy .

Leacock’s classification:

Modern state:

Despotic: becoming a thing of past.

Democratic: power with the people

Limited monarchy: eg.: England

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Republic: eg. USA, France

Federal: powers distributed between center and federating units

Unitary: all-powerful center

Parliamentary: executive answerable to legislature.

Presidential: executive with less checks by legislature:

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Monarchy
Absolute monarchy;

Form of govt. where all the political authority is to be found in a supreme ruler. All acts of
govt. are his acts. All organs and officials are the agents of his rule to carry out his will. All
laws are his commands. He is sovereign unlimited.

“I am the state” (Lous XIV of France)

Monarchy, historically a part of the evolution of the state. Monarch---Legislative, executive--

-judicial powers

Elected/hereditary monarchy:

Early Roman Kings: elected

Medieval kings: elected/hereditary

All kings are now hereditary;

Absolute monarchies in both east west:

East: japan till 1889

West: Russia before 1917

Merits:

Disciplined
Promptness of decision
Uniform policy
Efficient administration.
N o man fit enough to exercise absolute powers.
Hereditary monarchy can provide an unable ruler/ successor
Unfit in modern age.
Denial of fundamental rights.
Hinders progress
Limited Monarchy:
King exercise prescribed by constitution.
These are limited powers.
Nominal head of the state.
Reigns but doesn’t rule.
Real power rests with elected members of parliament.
King can’t dismiss an elected minister
Head of the state in a monarchy is king and in a republic is president. Eg. Britain and
India.
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President in Republic is elected whereas king in monarchy is hereditary.

Uses of limited monarchy;

King is Britain has the right to be consulted, the right to encourage and right to warn,
beyond this be cannot go
Unifying, dignifying and stabilizing influence.

Monarchy in future:

Days of monarchy are ones.

King or queen can do no wrong.
Constitutional monarchy, the only way to maintain the hereditary principle of royal
dignity.
Rise of constitutional govt. from: Magna Carta (1215)

Democracy
Originally democracy means “the rule of the people. As a form of Govt. it means “the rule of
many” and as a form of representative government, it means the “rule of majority’

Aristotle: disliked democracy and thus defined it as---“rule of the mob’

Dicey: defines it as---“a government in which everyone has a share”

Abraham Lincoln: defined it as---“Govt. of the people by the people and for the people”

Dimensions of modern democracy:

Modern democracy is a product of three historical developments i.e. english parliamentary

system, the great French revolution of 1789 with its slogan of “sovereignty of the people” and
of “liberty, equality and fraternity , and the industrial Revolution which began in England
first and the spread over Europe during 19th century.

In other words, modern indirect form of democracy came into being during the 19 th century
and spread almost over the whole of world during the 20th century.

There are three dimension of modern democracy;

Full democracies: US, UK

Semi-Democracies: India, Yugoslavia
Preadu democracies: Ayubi dictatorship in Pakistan

The criteria which distinguishes a non democracy and democracy are the following
democratic institution, values and practices; opposition rule wit respect for the right of
minorities, constitutional government providing opportunities for alternative governments
fundamental rights maximization of equality free and fair elections, responsible leadership;
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absence of social, cultural, cultural or regional distinctions on the bases of caste, creed, clan,
sex, nationality color or religion.

Kinds of democracy:

direct or pure democracy:

which can exist in a state with small area and population eg; Greek city state.

Indirect or representative democracy:

Choosing representative in assemblies

Aspects of democracy:
Political democracy:
Political rights.
Economic democracy:
“From each according to his capacity and to each according to his need.
Social democracy:

Exist truly in Islamic society:

Democratic govt./ state/society;

Tests of Democracy:

What are the characteristics and conditions which make a state or government or state
democratic?

Doe the right of free expression of opinion and opposition exist?

Do the people have the right to change the government?
Is there equality before law?
Are the rights of individuals assured and protected?
Are there opportunities for the common man?
Are the people free from terror?

Conditions for the success of democracy:

Enlightened citizenship:
Character and ability:
Vigilance.
Tolerance and responsibilities
Education
Organization and leadership
Fundamental rights;

Democratic ideals:

Aims for which democracy stands.

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Faith in the common man:

Individual is the end and state is means.
Right of the individual: liberty and equality
Form of govt. in which everyone has a share;
Peace;

Attacks on Democracy:

it is impracticable:
rule of ignorance:

parody of Lincoln’s definition “government of the cattle, by the cattle for the cattle

based on false principles:

one mean one vote
no expert knowledge or skill is needed for the rulers.
Rule of majority

Democracy, no doubt, suffers from several defects. It has failed to realize some of its ideals.
Wars and bloodshed have increased in number. Many a time democratic governments have
denied civil liberties and rights to citizens. Social and economic inequalities still exist wealth
is still concentrated in few hands.

But no form of government is indeed a panacea for all human ills. No one can deny the
defects of democracy. But no one should also shut his eye to the merits and achievements of
Democracy. Thing may be bad today but they were worse yesterday. “the remedy of the ills
of democracy is not less but more democracy.

Dawn of democracy the world over:

Glasnost (openness) and perestroika (restructuring ) by Gorbacher.

Fall of Berlin wall between east and west Germany.
Dictatorship overthrown world over e.g. in Philippine, Pakistan.
End of apartheid in s. Africa.

Democracy has not yet won full and complete victory, however, democracy will finally
triumph all over the globe during the 21st century.

Islam is a democratic religion:

Brotherhood and equality are the essential bases of social and political democracy in Islam

Shura
Ijma
Ijtihad.
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Unitary and federal states

Modern states are too large to be administered by ruler a government dwelling at the capital.
They have to be divided and sub-divided into a number of administrative areas, which are
variously called provisions, states, countries, etc; and their sub-division, called districts,
Tehsil, Tabukas,k etc. each of these divisions and sub-division has its own body of
administrative officials and departments called, the provincial and local government officials
and department.

The relation, between provincial and central governments can be organized in two different
ways which give is two different kinds of states i.e.- unitary and Federal.

Unitary state:

“A unitary state is one in which the supreme government authority is vested by the
constitution in a single central government which rules the whole century. Local governments
exercise only such governmental powers as are delegated to them b the central government.
In other words, the relations b/w the center and the local governments in a unitary state are
those of subordination and under central administrative control. Eg. England Italy, French
Iran, etc.

Merits:

Its strength and vigor can deal effectively with all question eg: policy defense
Uniformity of laws, policy, administration thought the country.
Simple in organization and saves money.

Demerits:

Large territorial state with diversity in social conditions cannot be efficiently

administered b a single center.
Inclined to disregard local needs and interests.
Concentration of powers tends to make the central government despotic.
Subordinate position local govt. effects its efficiency
Federal state/ federalism;

A federal state is one in which the supreme powers in the state are distributed by the
constitution between a central government and government of the federating units, making
each government supreme within its own sphere of powers”

Federation is a dual government. The distribution of power is in such a way that the
government of the federating unit exercise supreme and original authority within its own.
Sphere of powers not derived or delegated authority from the central government as the local
government of the unitary state does. These powers are rather, the gift of the constitution. if
any charge into he made, it can be done only by amending the constitution , and with the
consent of the constituent unit or units.
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Nature of the federation:

The most important characteristics of a federation is the formal distribution of sovereign

powers between the federal govt. at the center and the govts. Of the federating units. A
federal constitution attempts to reconcile the apparently irreconcilable claims of national
sovereignty and state sovereignty. It doesn’t divide the sovereignty s between the rests of
government because to divide sovereignty to destroy it.

It only distributes sovereign power between them. Sovereignty lies neither in the federal
government nor in the federating units but in the constitution amending power as prescribed
in the constitution,

Features:

Federation comprises two sets of governments federal and federating governments.

Matters of common interest or of national importance are entrusted to the central
governments.
Local matter are entrusted to the unit government.
The states which federate into a union lose their former sovereignty.
A federation is made, it doesn’t grow.
It has a written constitution. Neither the federal nor the unit government can amend
constitution with a view redistributing supreme powers.
Federation envisages a union rather than unity. It creates a dual government, not a
unitary one.
The constitution clearly prescribes the process of amendment. Sovereignty lies with
the body which has the power to amend the constitution.
Federation is permanent union which distinguishes it from a confederation which is
loose and limited and from alliances eg; NATO, UNO,

Origin of Federation

‘federation is the result of two opposite forces, the centripetal and centrifugal tendencies of
the federating states. A federation is either a result of integration or of decentralization. In the
case of integration a number of sovereign states voluntary decide to unit together into a single
federal state. Such a union is a result of centripetal forces. Eg; USA, the second method is
decentralization of the existing unitary state eg; creation of Pakistan, USSR etc.

Essential condition for federation;

Distances lead to difficulties of co-operation eg. Succession of east

Pakistan.

Desire for union:

Desire for local independence:
Federating units seek union but not unity.
Common economic interests:
Community of cultural and other interests:
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Eg : federation of Pakistan.
Equality among the component units.
Political ability and legislature

Salient features of Federalism:

Supremacy of the constitution:

A federation is an agreement between two or more sovereign states to form a new states, in
which they exercise certain specific powers. This agreement is the constitution.

Supremacy implies 3 things

Must be written constitution

Rigid constitution
Sovereignty should be with constitution amending body.
Distribution of powers:

Between central and confedering governments. Whereas in unitary form of Govt. powers are
constitutional in central authority.

Principle of distribution of powers:

Basic principle of distribution:

Matters of national importance and interests are allocated to national govt. and those of
regional importance to component units. Eg. National matter: military, foreign relations,
currency etc.

Regional matters: education, health local govt. agriculture

Principle of concurrent powers :

Subjects of legislation by both on issues of national as well as local importance. In case of

conflict, federal law would prevail.

Method of distributing residuary powers:

USA.) Federal------>units
Canada) Units----->federal
Pak) federal--units-->concurrent.
Supremacy of judiciary:

Federal judiciary protects and interpret the constitution.

Bicameral legislation:

Equal representation irrespective of size and population.

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Problems of federalism:

Satisfactory distribution of powers:

Balance f powers between the two should be maintained. Eg (by federal court)

Protection of smaller unit against the domination of the larger;

Equal representation in the national legislature.

Organization of retation b/w centre and units:

Satisfactory method of amendment:
Secession:

Eg; in Indian federation Nagas, Sikhsk and Kashmiries are agitating. For secession .

Merits of federalism:

Federation combines merits of unity with diversity:

Presents a happy blend of centralization and decentralization or national unity with local
autonomy.

Experimentation is possible:

Various units make it possible to experiment in new ways and methods of law and
administration without affecting other units

Federalism creates new states by peaceful in corporation and voluntary union:

US; voluntary union of 13 states in 1787.

Australia: 6 states n 1902

Brings progress and strength to the small states:

Lessens the dangers of international wars:
Federation suits large that with great territory or a small state with great
diversity
Prevents despotic tendencies in a govt.
Means local self-govt. on a large scale
More suitable to modern society against unitary state:
World govt. can be created in a single state:

Demerits:

Source of weakness for the state

Prevents uniformity of law and policy for the whole state.
Distribution of powers cannot be perfect for all time.
Rigidity of constitution: an obstacle to progress
Obstacle to the conduct of vigorous foreign policy
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Expensive
Exposed to the danger of secession.

Future of federation:

Many writers are of the opinion that federal structure of the states is transitory and temporary
stage in the evolution of the unitary state. There is some truth is this. Structure of the federal
state, in modern times, is under three strong pressures for centralization. They are economic,
social, military.

War is always a great centralize. In fact “the dispersion of powers, as a federal principle
implies, is incompatible with the troubled politics of a world that is seared by past wars and
scared of new ones”. In the face of these dangers and demands the old patterns of
decentralization and autonomy cannot exist any longer.

But all this doesn’t imply that the days of federalism are over. Federalism is the only possible
form of the future world—state, if and when it comes.

Confederation

“a group or association of two or more sovereign states which have permanently given up
past or their liberty for some specific aims and objects, such as defense. A confederation is
stronger than an alliance between sovereign states, but weaker than a federal union”

Federation Vs. confederation:

a confederation is a league of sovereign states while a federation is a single sovereign

state.
Confederation is based in contract and federation on constitution
Confederation has no central govt.
In a confederation, citizens of the confederate states retain their citizenship. They
don’t become the citizens of confederation.

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Parliament and presidential

Parliamentary form of Govt.

Nature:

System of government in which the legislative and the executive organs of the state are
closely related and interdependent in the performance of governmental functions, such as
determining the policy, making the law and passing the budget. Unlike the presidential
system, there is no separation of executive and legislative powers.

Organization:

king or president:

nominal executive who reigns but doesn’t rule.

Prime minister:

Cabinet works as the team, with the prime minster as its captain.

Cabinet:

The real executive headed by prime minister. Each minister hold a portfolio and is member of
the parliament. Cabinet is responsible to parliament.

Legislature/parliament:

Possess supreme power in law or constitution. If the cabinet looses the support of the
parliament, it passes a vote of no confidence against it.

Merits:

It secures harmony between the executive and the legislature:

All the members of the cabinet are the members of the parliament. The minister participate in
all the debates, discussions and decisions of the legislature, and are responsible to it.

“cabinet is a buckle that fastens the executive and legislature together “Baghot”

Ensures responsibility and checks autocracy:

It is impossible for an irresponsible ministry to hold office.

It has flexibility and elasticity in times of crisis:

“the people can choose a ruler for the eg: choice of Churchill during w.w.ii.

Governed by able men;

Cabinet system has the advantage of using the talents of able men again and again.
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It has great education value:

Constant criticism and opposition to the ruling party requires not only discipline in party
ranks but also vigilance among them.

Demerits;

Causes frequent ministerial changes and leads to instability of government:

Cabinet hold office so long as it enjoy confidence of majority in the legislature. Coalition
ministers are unstable. It doesn’t suit newly indpednent state.

Too largely a system of party govt.

Modern government are necessarily party governments. But the cabinet govt. is too much of
it. Party interests are placed above national interests and the progress of the country is
retarded.

Leads to cabinet dictatorship:

It is true where two-party system works. It has become practically impossible to remove
cabinet from office, as it rigidly controls the majority in parliament. This is the reason why
English cabinet enjoys a long tenure.

Governed by amateurs;

Prime minister doesn’t select his colleagues on the basis of their training or talent but on the
basis of party service and loyalty.

Cabinets are constantly growing in size:

Cabinet has double in size in Pak since 1947

Presidential Govt:

Nature:

Govt. in which the executive and legislative departments are entrusted to distinctly separate
and different persons or body of persons, namely the president and the congress respectively,
without the one being responsible to the other for its function.

It’s chief characteristic is “separation of powers” the executive power are vested in president
and the legislative powers in congress. Each one of them is independent and supreme within
its own sphere, without any responsibility to the other. In this principle lies the unity as well
as the weakness of this system. There are, however, a few checks and balances on the
authority of one organ by that of the other.
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Organization:

The president:

The president is at once the head of the state and chief executive—the king and the prime
Minister. All the executive powers are vested in him by constitution. There are, however, a
few checks on his powers. He is not responsible for his acts and policies to the legislature.
Only when he actually commits a crime he can be impeached by it. He is elected by the
people by a fix number of years. He cannot be forced to resign or leave.

His ministers:

He picks them up from anywhere in the country whether they belong or do not belong to
belong to any political party. He can dismiss them any time without giving any reason. They
have no seat in the legislature.

The congress:

Vested with all legislature and money granting powers. Unlike the parliament it is not
supreme or sovereign organ of the state. It consists of two houses senate(more powerful) and
popular assembly (house of representatives(. The senate is given powers to check the
executive authority of the president. Similarly, president has also some powers to check the
legislative powers of the congress. he can veto a bill passed by it which can however, be
overridden by 2/3 votes of congress. Congress is also elected for a fixed period and cannot be
dissolved by the president.

Merits:

Stable govt.:

Elected for a definite period of years.

Ensures continuity of policy:

President can pursue it vigorously without the constant fear of losing the majority in the
legislature.

Ensures certainty of policy:

The advantage of continuity of policy also ensures its certainty. There is no divided opinion,
no diversity of counsels .

It can avail of the services of the experts:

Ministers are chosen from anywhere on the basis of qualification not on the basic of party
interests.
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Demerits:

Based on wrong principles:

“separation of power” and “checks and balances” contradictory to each other.

Encourages autocracy:

All powers concentrated in president.

It is rigid:

The American people call themselves sovereign but their system of government is such that
they have mortgaged their sovereignty to a single person, who may behave as an autocrat of a
dictator.

Leads to conflicts b/w executive and legislature:

It is especially so when the president belongs to one party and the legislature is filled with the
representatives of another party. Laws are made without consulting the executive about their
need or utility. Policy is adopted without the legislative approval.

It leaves too much to the president:

Since he is not bound to the opinion of him ministers.

Produces irresponsibility and rivalry among departments:

The departments are often jealous of one another.

Dictatorship/Totalitarianism

Dictatorship: Ancient and modern:

Democracy, today is challenged by a new form of government called dictatorship. This form
of govt. was known to the ancient. Greeks and Romans who called it tyranny or dictatorship.

Modern dictatorship is established by means of coup d’état and revolution and is a lifelong
affair. Hence, it resembles more with the ancient Greek tyrants.

Dictatorship is defined is the rule of one man who exercise absolute power in the state.

Dictatorship is antithesis to democracy because:

It is a govt. by decree rather by law.

Dictator is not accountable before any parliament or representative body.
There is no limitation on the duration of dictator’s authority.

Types of modern dictatorship:

Modern dictator is usually a successful military man or a strong party leader.

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Communist dictatorship.
Nationalist dictatorship
Fascist dictatorship.

These dictatorship arose during the 1st w.w

Communist dictatorship in Russia in 1917

National dictatorship in Turkey by Kamal stta Turk in 1921
Fascist dictatorship by Mussolini in Italy in 1922

In 1933 arose the most ferocious of all the fascist dictatorship, the Hilarite dictatorship of
Germany, usually called Nazi dictatorship arose in Japan. The three fascist dictatorship of
Italy, Germany and Japan entered into a Military alliance for aggression and conquest and
prepared for a world war (1939-45).

Only communist dictatorship of Russia still goes strong rather modified by perestroika and
Glasnost policies of Gorbacheve. In past w.w.ii years we have witnessed the size of several
communist dictatorship as in Chinak and several Eastern European countries. Later on
several nationalist dictatorship rose in Egypt, Iraq and Indonesia, and military dictatorship in
Burma, Pakistan and Bangladesh.

Man features of Dictatorship:

It is a product of crisis:

Because of constitutional, political, social, economic or religious reasons or due to in ability

of democracy to function propely.

Arbitrary exercise of power:

Aggressive and dynamic methods of decisions making:

This is one of reason why dictatorship are more successful than democracy some times.

Employment of despotic methods of political and social control:’

Political parties are banned newspapers are suppressed civil liberties and fundamental rights
are done away with.

Abolition of constitution or legal basis of political power:

Abolishes constitution and sometimes, he devises a new one of his own. Dictatorships often
come to power through bloodshed and can be got rid of by further bloodshed.

Defects of dictatorship:

Dictatorship regards the state as the end and the individual as the means.
Dictatorship is based on force and violence and not on discussion and agreement.
Dictatorship leads to apathy in public life.
Fascist dictatorship spreads war and aggression.
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Dictatorship is not a permanent institution

Merits of dictatorship:

Makes government strong

Makes for efficient and prompt administration.

“strong and efficient in handling emergencies. It takes democracy a long to decide a question
and execute decision.

Rapid development:
Communist dictatorship in USSR has achieved in industry and science in 50 years
what took 200 years to democratic England and USSA to achieve.
Nazi dictatorship in Germany made the was able to fight all super powers.
Kamal Ataturk rehabilitated Turkey as strong and respected nation once again.
Still –dictatorship has more defects than democracy.

Fascism
Rise of fascism:
Fascism is of Italian origin where it arose as a result of w.w.i and its effects on Italy.
Italy joined Anglo-French-American allies. At the end of war, in Paris peace
conference she was given no colony. It created a feeling of sharp resentment in Italy.
The after effects of war created social, economic, political crisis such as inflation,
corruption and strikes. Communism began to spread among Italian workers. Italian
parliamentary system becomes corrupt. Under these circumstances Mussolini and his
fascist party captured political power in Italy. Mussolini organized “armed bands” to
smash the heads of striking workers. Finally Mussolini captured power in Rome in
Oct. 1922. Mussolini was limited by the king for the office of the prime minister. Two
years later in January 1925 he destroyed constitutional parliamentary system and
established the Fascist state in Italy. In 1929l all the powers were passed in the hands
of Mussolini.
The term “Fascism” means “band or group” an aggressive nationalism and
imperialism are the real meanings of fascism.
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Structure and policy of Fascist state:

First of all Mussolini abolished the parliamentary system. “Duce’ (Mussolini) became
the dictator. Opposition parties were dissolved. One party state was established with
the national Fascist party. Mussolini established a new “corporative parliament”
headed by the grand council of Fascism which was made governmental body.
Mussolini became both “Head of the state” and the “leader of the Fascism”
The “Duce” and his Fascist state adopted a policy of as brutal repression at home. All
individual rights and liberties were crushed by means of terroristic reign of Killing
and kidnapping. Martial law was proclaimed and censorship was imposed.
Principle of Fascism:
what is Fascism:
“my program is action, not talk”
“fascism is based on reality not theory”
Such statements show that fascism did not have any principles. But it had a programe
of action.
Philosophy of action and violence:
Fascism is first and foremost theory of force, action and violence. “Direct action”
became a philosophy of unlimited force and violence at home and unlimited war
abroad. Hence, according the Mussolini “Fascism is the government for the people,
over the heads of the people, and if necessary, against the people”
Fascism of Aggressive, nationalistic and militaristic.
Fascism repudiates democracy, liberty, equality and majority rule:
Government of the elite and of the elite:
Govt. by an aristocracy
The masses incapable of knowing their will and opinion.
The test of superiority of the leaders lie in their ability to sue force and violence to
secure obedience.

Fascist theory of state;

Their conception of state is authoritarian, totalitarian and nationalistic. They have repudiated
democracy, individualism, liberalism and popular sovereignty.

Fascist state and the Individual:

State the end and individual the means.

Individual exists for the state and not state for him

Fascist state a total states:

Absolute with all individual, groups and interests fully subordinate to it.
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Fascism and war:

War and conquest are the supreme ends. Force and violence are the first principle of
fascist state.
Subordination of education t military training.
“war is to man what maternity is to women’
“citizen and soldier are synonymous in the fascist state’

Fascist corporatism:

Hierarchy is the essence of fascism. In the fascist state individual doesn’t exist alone but in
groups and organizations called corporations. The nation is hierarchical organism of three
parts.

State (top)

Corporation (middle)

Individual (bottom)

“beyond the state is nothing” (Mussolini)

Officials of the “corporations” were appointed by the state. Each organization supervised the
working of its industry. It consisted both employers and employees. Mussolini “Fascist zed’
capitalism by controlling and regulating it. He did not abolish it.

Criticism of corporation:

Fascist govt. showered favors on big industrialists and landlords, it reduced the wages of the
workers and treated them harshly by taking them heavily. The real wages of the workers were
10% less in 1932 than in 1922. It made people to revolt against Mussolini and his corporate
state which was overthrown in 1944.

Nazism

“Nazism” is derived from its full name “national Socialism.”

Rise of Nazism:

W.W.I was the turning point in the history of the world. It produced communism in Russia
Fascism in Italy and Nazism in Germany.

W.W.I was started by Germany to conquer colonies to become greatest imperialist power in
the world. But it ended in her defeat. Treaty of Versailles was imposed on it. Under this treaty
she had to pay heavy reparations to victors, surrender her territories to France, and was
forbidden to rebuild a strong army, after the war in 1919 Germany established a
parliamentary govt. under “Weimar constitution” but the system failed due to ever increasing
economic and political troubles in post war Germany. The term of treaty of Versailles
reduced the country to a third rate power. The Great economic Depression (1929-32) hit
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Germany hard in 1932, there were six million unemployed workers in the country.
Communist influence increased. German industrial and landlord classes frightened of
Bolshevism. They were ready to welcome any man or party which would save the country
from a communist revolution. This was the hour for Hitler to strike. He organized the Nazi
party and captured political power in 1933.

Nazi Doctrines:

No well-defined doctrines like fascism.

Nazi Glorification of the state and nation:

Nazism glorifies the state and regards it as a supreme entity. It identifies “state” and the
“nation” like in Fascism.

Nazi state is totalitarian:

“the individual is nothing, state is everything” Hitler

Individual means, state end.

The fuehrer principle:

Between the Duce and the people were corporations. But between the Fuehrer (leader) and
the Germans was nothing except a chain of lesser fuehrer all of them responsible to fuehrer
alone. the fuehrer was infallible.

The people were taught to believe that some are born to rule and others to obey. Hitler was
worshiped as God. The Nazi ideal.

“one leader, one state, one nation:”

Hitler was preached in Schools, in churches on the stages in cinema radio and press.’

Nationalism and Racialism:

Nazis were intensely nationalistic. But they equated the nation with race. There were superior
and inferior races according to the racial theory of Nazism. The “white” races were superior
and the “colored” races were inferior. Among the white races, the Germans were above all.

Imperialism:

British imperialism always declared “ trade follows Navy” Nazi imperialism cried” trade
follows tanks” “our task’ cried Hitler” is to organize on a large scale the whole world so that
each country can produce what it can best produce, while the white race, the Nordic race
(German) undertakes the organization of this gigantic plan—the lower race is destined for
tasks different from those of higher races. The latter must have in its hands the control and
the control must remain with us.

For this purpose, the Nazis planned was against eastern countries especially Poland,
Czechoslovakia, Ukraine and Russia which were according to them, peopled by the inferior
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“Slav race”. But finally they aimed for the world conquest. These Nazi dreams and designs of
world conquest led the world straight to second world war.

One party state:

National socialist party

No opposition party.
Slogan “one leader, one party, one state’

Nazi militarism:

“if men wish to live, they are forced to kill other” (Hitler)
“the Meaning of life is to kill.’
Darwin’s principle of “natural selection and the survival of the fittest>”

Criticism of fascism and Nazism:

Both lack humanism

Based on force and violence
Uphold rule of few
Dictatorship
Based on hate and prejudice
“fear’ the only basis of the two.

Local government

Whether the smaller territorial units should be governed by the seats of government of the
major territorial divisions (eq provinces) or they should be entrusted with specific powers
which they may exercise locally. This is known as the problem of local government.

Decentralization:

Distribution of governmental powers between the central government and the provincial or
state government is called decentralization. This power is further decentralized because it is
impossible for a single authority direct by to undertake the performance of all those duties
adequately. In fact, the provincial governments have neither the time nor the requisite
knowledge of the diverse problems which are peculiar to different areas. This constitutes the
real problem of local government and from this problem emerges the need for
decentralization. Decentralization means distribution of governmental powers and
responsibilities between the center and the local areas. The provincial or state government is
the central government for all local areas within its jurisdiction,

Meaning of local government:

Local government, therefore, refers to the operations of corporations, municipalities district

boards, panchayats another bodies which are entrusted with the execution of functions related
to and controlling the residents of a given area and locality.
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According to MacIver the state seeks to fulfill three types of functions.

These are some functions which concerns the whole community and are of national
importance. These should belong to national or central government/
There are other functions which are universal in character, but which for their
efficient fulfillment or on other grounds may be assigned to the provincial
government.
Lastly, there are functions which are of peculiar concern of the locality, eg; water
supply, sanitation, maintenance of hospitals and libraries, supply of elective energy.
These services have reference to the local needs and it seems reasonable that the
locality should have direct and fairly complete control over all these functions
requires local experience and knowledge of local details.

Functions of local governments:

Functions relating to cultural development:

Functions of providing instructions control of environment by planning the town or the city,
maintaining and supporting of art galleries, museums, Zoos, Libraries another places of
public recreation such as parks gardens and centers of games and sports.

Social and physical functions:

Sanitation public health, construction maintenance and repairs of roads, street big things etc.

Water supply disposal of wastage regulation of good supply by healthy markets.

There has been a remarkable expansion in the activities of local bodies in Britain and US. But
the scope of these functions is somewhat limited in Pakistan.

Advantages of Local governments:

“Spirit of liberties”. Is evident in local governments which is described as “grass

roots’ democracy
A training ground in the art of government.
Cultivates sense of a civic duties and responsibilities, a spirit of common
administration, and common interests.
Essential for success of democracy.
Love of the laws among masses of which they themselves are the authors.
End of red-Tapism
Lighters the burden of central govt.
Creates a spirit of self-help and self-dependence
Realization of true citizenship

Defects of local govt.

Narrows the outlook of the people and breeds local patriotism.

Devolution deprives local bodies of central direction and advice.
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Relation between central and local govt.:

How far is control by the central government desirable? This is one of the most baffling
problem of local administration. There is not uniform practice in this respect. In France local
government is highly centralized. But in Britain centralizing tendency during recent years has
assumed alarming proportions. The position in the US is rather appreciable and there is
complete local autonomy

Experience has shown that the central government should exercise some control over local
bodies. But such a control should be exercised with a view to the efficient discharge of local
duties and responsibilities. Undue interference and direction is bound to destroy local
initiative and local responsibility. Excessive central control may also encourage favoritism in
the local services.

Conclusion:

Democracy on the national level is supported and nourished by democratic local self-govt.

Ayyube’s local bodies: (introduced in Oct 1959)

It was a 5-story system of guided or controlled democracy.

Division council
District council
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Tehs/Thana Council
.
Union council
.
Ward committee
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.

Sovereignty

It is the most important characteristic of the state which distinguishes it from other
associations. There can be no state without sovereignty. It is derived from a Latin and
“superanous” which means supreme. It was for the first time used in 16th century though the
idea goes back to ancient times.

ITS growth:

Plato and Aristotle Recognized the presence of the supreme power in the state. Today this
state sometimes attribute to the state, sometimes to a particular person like monarch or a
dictator while at others it is attributed to a parliament. There are still others who say that
sovereignty belongs to a group of people are sovereign because they are the one who make or
break government. He explains it in “General will”
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It’s Aspects:

Two aspects:

Internal sovereignty:

Internally state has supreme authority over all individuals and associations.

External sovereignty:

State is independent of any compulsion or interference on the part of other stats.

Definitions

Aristotle: “supreme power in the state”

Bodin: “supreme power over citizens and subjects unrestricted by law’

Blackstone: “supreme irresistible absolute authority in the state”

Burgess: “absolute ad unlimited power over the individuals and all their associations

A comprehensive definition is:

“sovereignty is the supreme power or authority of an individual or a group of individuals

which is unquestionably obeyed by the bulk of the people in the state, as laid down by its
constitution and law’

From these definitions we can infer;

I. It is supreme and unlimited power

II. Supreme power to make laws and enforce them
III. Authority cannot be disobeyed in the state.
IV. No limitation can be imposed on the supreme will of the sovereign.

Created to protect and uphold the common good. The state exists to safeguard and
guarantee the right. In this sense, the rights are prior to the state.

“How the state safeguards the rights’

Rights are were claims till they are defined and recognized by the state. The state must
uphold on individual’s rights and enforce duties regarding them by means of its coercive
authority. It performs this important function by means of courts and its administrative
agencies eq. police

“can individuals have rights against the state”

To accept the view that an individual can have rights against the state means that he can
disobey the laws. But this would create anarchy and disorder. Now if there is anarchy and
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social disorder, the very conditions which would enable the individual to develop morally
and he his best self, would be destroyed. Hence he cannot have rights against eh states.

But we must make a distinction between government and the state. The government is a
machinery of the state. If a govt. fails in its duty there is no justification for it to continue.
If it doesn’t enable the individual to develop morally it can be changed and a new govt.
can be elected.

Duties
“do unto others as you wish to be done by”

Duty is an obligation to do or not to do something for the sake of others.

Relation between rights and duties:

Rights and duties are so much interdependent that they might be regarded two sides of
one and the same kind. Rights implies. Where there is right, there a duty as well. My right
is your duty and your right is my duty.. if other people do not accept their duty my right at
once will vanish altogether. A society in which one man claims rights but has no duties is
a society of masters and slaves. Every citizen has a right to education. But when he has
acquired education or training, he must be ready to contribute his share to the social good.

“kinds of duties”

Moral and legal duties.

“duties of citizens towards the states;

i. Obedience of law
ii. Allegiance to the state
iii. Payment of taxes
iv. Duty to vote

“Duties of the state”

Economic, educational, cultural and social in nature.

I. Constitutional limitation:

These are because of

i- The written constitution

ii- Provision of fundamental rights in the constitution.
II. Limitation of international law;
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International law, conventions, agreements and treaties are regarded as another limitation
on the sovereignty of the state. It is merely a code of international morality which the
states generally find it expedient to observe.

Types of sovereignty:

i. Titular and actual:

Titular means the ruler who has the legal authority to use governmental powers but
practically becomes inefficient while some other institutions enjoy the absolute power. Eq
in Britain, there is difference between the King and crown. Later is the center of the
whole of state power while thee powers are not exercised by the king.

Actual sovereign is that person or body of persons which practically exercise the supreme
authority. Eq; British parliament.

ii. Legal and political:

Legal sovereign is the organ who authority is constitutionally recognized. Such organs
enjoy supreme law-making authority.

Political sovereignty signifies the privilege of electorate to choose representatives which

make government. They can affect political decision making.

iii. Defacto and Dejure

De Facto is the sovereignty of a sovereign who is illegal (who comes into power through
military coup or extra constitutional measures.

De facto sovereignty usually transform into De Jure (by law) with the passage of time
when new government gets itself recognized under a new constitutional set up. It can be
carried through elections. Eg: Napoleon in France

iv. Popular sovereignty:

This concept was explained by Rousseau. He says popular sovereignty implies the
supremacy of the society a whole expressed through it general will. It includes electorates
and non voters as well.

Criticism; Rousseau’s concept creates confusion because in modern states decision are
taken by the majority vote. in ever society people have different opinion. Some are
indifferent to the cause of country. Their representation may be harmful.

Monist and pluralist theories of sovereignty

History of the concept of sovereignty:

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The concept of sovereignty is a modern concept born with the modern state. The ancient
Greeks knew that there was “supreme power” in the state but they didn’t analyse it
further. Among the medieval Muslims, Khaldum sovereignty the basis of the power of the
ruler. In Medievel Europe, the believed in “two swords” i.e. the secular power of the kind
and the spiritual power of the pope. The concept of sovereignty was introduced in early
modern Europe during the Reformation when the crisis of monarchy in France and
England was risen.

It was Thomas Hobbes, however who carried the concept of sovereignty to it logical
conclusion during the next three centuries after Hobbes, the Monist theory of sovereignty
was accepted by all political thinkers of modern Europe. The monist theory received its
exposition at the hands of John Austin in the middle of 19th century. During the last years
of 19th and early years of 20th century a new view of sovereignty was propounded namely
the pluralist vie which introduces several centers of authority. The federalist in the US
also attacked Monist theory. From about 1950, the behavioralist political scientist in
America discarded the concept of sovereignty as unscientific. In place of sovereignty they
used the term “power” just as in the place of state the term “political system.

i- Austin’s theory of sovereignty:

Austin on law:

“law is a command give by a superior to an inferior”

Austin on sovereignty:

“if a determinate human superior, not in the habit of obedience to a like superior, receives
habitual obedience from the bulk of a given society, that determinate superior is sovereign
in that society. And society is society political and independent:”

He further adds;

“to that determinate superior the other members of the society are subjects or dependent
on that determinate superior”

Analysis of Austin’s Definition;

i- Only a determinate person or a body of persons can be sovereign

i.e. sovereignty cannot belong to general will or to any super human as in Islamic
concept.
ii- “the power of the sovereign is legally unlimited or absolute.
iii- Sovereignty is individual
iv- State exists only when there is sovereignty.

Criticism:
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i- History doesn’t support Austin’s view of absolutism;

“the supreme power of every sovereign in history is found to be limited by internal

considerations and restrictions.

Among eastern communities the custom was the real king and not the sovereign ruler.

ii- Austin’s theory doesn’t apply to existing state:

Austin failed to show the determinate human superior who is sovereign in the present day
state.

iii- Austin fails to distinguishes legal and political sovereignty.

“his theory is an attempt of a lawyer to give a lawyer’s view of sovereignty. If is a theory

of legal sovereignty

iv- It is opposed to the idea of popular sovereignty;

v- It gives a wrong conception of nature of law:

“Austin believed that law is obeyed when it is issued as a command but la is obeyed for
various other reasons. The social order is maintained by customary rules. This is
sociological role of law in human life.

vi- It ignores the right of voluntary associations;

vii- Absolute independence is not the characteristic of the modern states;

“not national self interests, but the well being of all nations is the basis of the modern
life.’

Conclusion:

Austin laid too much stress upon one aspect of sovereignty, the legal aspect. If
sovereignty is strictly viewed as a legal concept, Austin’s theory is clear and logical.

ii- Pluralism:

Pluralist attack on sovereignty:

A brief history;

Pluralist philosophy is a product of conditions of modern society. It really began to

flourish from the time of the w.w.i. the German jurist Otto von was the first to expound it.
Several other jurists also attacked the idea of monistic sovereignty. They declared that
service, not sovereignty. Is the essence of modern state. Other medievalists propounded
the pluralist theory in order to assert the autonomy of the Church. Some others developed
the pluralist theory to defend the rights and autonomy of various other associations. Thus
each of them had his own axe to grind against the sovereignty of the state. Among them
are Laskey, Cole, Hobson and others.
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Factors for pluralism:

i. The functions of the state have changed radically

ii. Inter-dependence of nations
iii. Modern society is complex. It is combination of various groups and associations.
They have their own rights and functions which the state cannot fulfill.

The group and the state:

i. Society is composed of greater variety of reasonably independent religious,

educational, cultural, professional or economic groups and association
ii. Individual realizes his true self only in these small groups or associations.
iii. The groups are more representative of the individual than the state.
iv. State can act effectively only when it is supported by groups and associations.

Basic principles of pluralism:

i. The sovereignty of the state is not an absolute, individuals and exclusive power;
“actually the state is like other associations an association with the special
function of coordinating them. It is a public service corporation.
ii. Sovereignty is not the source of law; it is limited by law.
“law is prior to the state and state itself is a subject of law. State is creative and
not creator of law.
iii. Society is federal and pluralist: it is a community of communities a group of
groups.
“state is not an association of individuals. It is an association of associations
iv. The associations are autonomous and sovereign:
“because society is federal authority must be federal also:” (Laski)
v. State’s absolutism repeated
The pluralists do not abolish the state, they only condemn the sovereign state.
According to some pluralists, “ the according to others, “the first among equals’
vi. State absolutism is internationally dangerous:
Criticism;
i- Pluralism belittles sovereignty there are three attitude towards the
sovereignty of state among pluralists;
a) Some want to abolish state altogether.
b) Others seek to reduce it to the level of other associations
c) Some others till give it a superior but coordinate authority among others
associations
ii- Law originates with the state and is not superior to it
iii- The state must possess the supreme power to regulate the relations among
various associations

Value of pluralism:

a- Pluralism has introduced the group into political throught.

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b- By insisting that sovereignty is not a legal concept only, they have shown that it must
be understood in a wider aspect.
c- They have pointed out the dangers of over-interference of the state in the affairs and
interests of the social groups
d- They emphasis the need for decentralization of political power.
e- They show a path towards international interdependence and co-operation.
iv- Behavioralism:
- Power not sovereignty is the basis of politics and state;

The concept of sovereignty which has played so greater a role in modern political thought
for more than four centuries, has been totally discarded by the modern political scientist
of the behavioral school of political science, which came into prominence since 1950 in
US. They regard the concept of sovereignty as unscientific because it cannot be
empirically tested. They use the term “force’ for “sovereignty’

Islamic concept of sovereignty

Islamic concept is radically different from western concept of sovereignty. It is derived from
Islamic concept of Tauheed

Elements of Islamic concept:

a- Allah is sovereign
b- Ma is Allah’s Khalifa on earth
c- Khalifa or legislature has limited authority while Allah’ authority is original
a) Sovereignty of Allah:

Supreme power belongs to Allah alone

Quran says:

i- “to Allah belongs the sovereignty of heavens and the earth”

ii- “he is Allah, the one and the only one, the eternal, absolute, he begetter not, nor is
he begotten, and there is none like into him:
iii- “it is he who gives life and death”
iv- “he has power over all things”
v- “he is Allah, the creator of Heavens and earth”

Thus is Islamic state:

i. Allah’s sovereignty is forever

ii. It extends to every sphere of human life
iii. It extends to every being and non-living in the universe
iv. He exercise the sovereignty in the life there after.
v. He doesn’t share or transfer his authority.
vi. He is accountable to none, everyone else is answerable to him.
vii. Allah’s sovereignty is comprehensive because.
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a) He create things
b) He looks after them.
viii. He has not been given sovereignty by anyone.

Features of Allah’s sovereignty:

i. Absolute
ii. Universal and all-comprehensive
iii. Eternal
iv. Indivisible
v. Original

It is not derived from any being or authority superior to him. He alone is the wonderful
originator and creator of all.

c) Man’ Vicegerent or Khalifa or Allah

Features:

i. man will act as Allah’s vicegerent on Earth.

ii. His powers are delegated and limited.
iii. He will use this delegated authority to carry out the commands of his master i.e.
Allah
iv. This sovereignty is temporary
v. This limited sovereignty is sometimes shared.
vi. This sovereignty is transferable when one is dead or is unable to exercise this
authority of limited sovereignty .
d) Extend of man’s sovereignty:’
i. Law making powers are limited because there already exists the law of sharriah.
ii. The Khalifa is accountable to Allah
iii. The limited and delegated sovereignty is taken as a sacred trust
iv. Exercise within the limits prescribed by Allah in Quran.
v. Law making is not department on public opinion.
vi. If khalifa violates basic principles of Islamic system people are not bound to
accept his authority.

Conclusion:

According to the Islamic concept of sovereignty, the absolute sovereignty does not be
with a man. Thus, there is no danger of the abuse of power. Man has a very weak place
in the entire concept. But still the system guarantees individual rights and liberty and the
rule of law, which means.

i. Everyone is equal in the eyes of law.

ii. Same law for everyone
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Such a system would guarantor among human beings.

Law
Derived from Germanic word “Lag’ means something fixed, unchanging or uniform.
Human personality and behavior is always prone to change. For an organized life,
minimum uniformity of conduct is very important otherwise the social life would vanish
and disappear. Eg: Traffic laws: imagine a person driving a motor, moves on red light,
another on fellow light and still another on green. A human social organization doesn’t
permit such a situation. Thus certain principles are devised inorder to achieve minimum
possible uniformity among individuals in a social set up. Thus.

The rules of behavior which they state makes for its members are called laws the
disregard of which meet with a penalty. A law, thus, prescribed general conditions of
human activity in the state.

Definitions

i. Aristotle;

“Whatever the ruling part of the state enacts is law”

Criticism; if the rulers enacts which is against the religion, customs and traditions, would
it be acceptable?

ii. Austin

“A command issued by a superior to an inferior”

iii. T.H Green:

“the system of rights and obligations which the state enforces”

Criticism:

Would it be correct that la is all about rights and obligations

iv. Holland:

“Law is general rule of external action enforced by the sovereign political authority”

Criticism:

This means that anything which is beyond the scope of visible human behavior doesn’t
come within the confines of law.

Sources of law:
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i. Customs and traditions

ii. Religion
iii. Scientific commentaries MONKCSS@GMAIL.COM
iv. Judicial decision .
v. Equity .
vi. Legislation

1) Customs and traditions:

Customs is the habit of the people handed down to them from generation to generation as
a tradition eg:. Marriage, family relations, inheritance, etc. indeed, custom was the king of
the primitive people before political sovereign or state arose. Even today laws are derived
by them and are called customary laws.

2) Religion:

Rules of religion were called divine laws. People believed that disobedience would be
punished by divine wrath. Muslim law and Shariah is derived from Quran and Hadith.

3) Judicial decision:

Sometime, a case may be of such a nature that the existing law may not cover it fully. The
judge would, then, interpret existing law inorder to deal the said case. The decision given
so would become a precedent for other courts to follow.

4) Scientific commentaries:

Commentaries of reputed jurists. Eg; commentaries of coke and Blackstone in England

and commentaries of Muslim jurists in Feqah.

5) Equity:

The term. “equity” means justice or fairness. In law it means the power of a judge to
decide a case according to his sense of justice are fairness. There are three occasions
when a judge has to decide a case not according to law but according to his sense of
justice and equity.

i. When no law exists about a case

ii. When an existing law is apparently unjust and would cause injustice.
iii. When the social conditions have changed where to apply an old law would cause
injustice.
6) Legislation:

Custom, religion and other earlier sources have become unable to cope with the fast
changing and complex conditions of society. Hence, the state, the legal sovereign has
itself assumed the duty of making new laws or amending or replacing the old ones in
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democratic or representative govt. this duty is performed by legislature. The laws made
by the legislature are called status.

Conclusion:

- No restriction or limitation can be imposed on the thinking of individuals

- Laws are normally the settlements of rights and duties.
- We observe law because we are afraid of legal sanctions attacked to them.

Is law above the state?

Two view;

i- Positivist view:

The law is made and enforced by the state and therefore cannot be above the state. Law
owes its origin to the state.

ii- Pluralist view:

Law is above the state:

Conclusion:

State is above the law. No doubt, it must obey the law itself. But it is superior to law
because it emanates from it.

Law of nature:

Greek period:

It was thought that there were two kinds of law. The laws of the nature and the man made
laws (conventions). Human conventions customs and institutions vary from time to time
and country to country. But there are certain elements which are common and uniform.
They are the natural laws.

Roman period:

National law and natural laws were considered to be one and the same.

Middle ages;

Law of nature was interpreted as law of God representing divine justice.

Social contract:

Hobbes, Locke and Rousseau asserted that in the ‘state of nature’ men were governed
“law of nature’ and possessed natural rights. Rousseau made it an ideal of liberty and
equality

19th century;’
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Influence of law of nature. Gradually declined. It was declared to be mere fiction.

Islamic lad and sources

The legal of islam is a beautiful combination of dynamism and flexibility on one end and
immutable laws on the other. So the laws of Shariah can be explained in two parts.

i- Primary sources of Islamic law;

It consists of immutable Quranic Nasus or divine injunctions and the sunnah. This part
fulfills the needs of human society in every age and have never been felt to become
absolute. This is because these laws have been framed by Allah almighty who has the
knowledge of past, present and future, visible and invisible and also that of human nature.

ii- Secondary sources;

This is the flexible part of Islamic law. But it doesn’t mean that those who make laws in
an Islamic state are entirely the master of their own will. Here the details are left for the
Muslims to work out according to the underlying principles of Quran and Sunnah keeping
in mind the demand of age and society. This has to be done with in the limits of Shariah is
all encompassing. It sets rules for governing, fighting wars and setting disputes. It tells us
who are not to marry and what foods are not to eat.

Sources of Islamic law:

i- Quran
ii- Sunnah immutable or primary sources
iii- Ijtihad
iv- Ijma Flexible or secondary sources
v- Qias
vi- Legislation
i. Quran
ii. Sunnah:

Prophets(PBUH) actions and sayings are the practical manifestation of the Quranic way
of life.\

iii. Ijma:

Consensus among scholars. Controversy over;

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i) Whether complete unanimity is required or majority decision is sufficient?

ii) Whether Ijma of one generation is binding on the other or not?

The ijma of the companions of the prophet (PBUH) is binding on all generation. Ijma
does not imply the consensus in the general public.

iv. Ijtihad:

Means striving or searching. In shariah it means striving for interpreting Nasus of Quran’
and Sunnah in accordance to the new conditions of Muslimf society but within the
precedents of earlier Mujtahidins developed a full legal jurisprudence of Islamic law.

v. Qiyas:

If no clear guidance is found in the basic sources the jurists are allowed to resort analogy
keeping in view the intentions of the law given. The jurists have provided guiding
principles even in respect of analogy i.e. Istehsan, Istislah, istadlal

i- Istehsan:

This is the Islamic principle of equity. It mean justice should be done in the manner as not
to cause injustice to others. This method was developed by

ii- Istislah:

This method of interpreting Islamic law is to a great extent, synonymous with Istihsan I,e,
to chose the way having greater utility from the point of view of public good.

iii- Istadlal:

Imam shafi didn’t adopt the aboe methods. He laid emphasis upon the application of
reasoning and logic in matters of interpretation of Islamic law.

7) Legislation (by the representative assemblies)

The commandments of the Holy text can be divided into two parts i.e. Flexible and rigid.
In flexible part, there is a scope for interpretation and new explanations according to the
changing conditions. Allama Iqbal says that the modern form of Ijma is the Ijtihad
through legislative assemblies.

Liberty an equality

The term liberty is derived from the Latin word “Liber” which means free or unrestrained.
In its absolute sense, liberty means “the faculty of willing or the power of doing what has
been willed without influence from anyother source”. Or we can briefly say

“liberty is absence of restrains”

Definition:
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Herbert Spencer and individualist Thinkers of 19th century define liberty as;

“everyone is free to do whatever he wills, provided he infringes not the equal freedom of any
other man”

It explains its negative aspect.

Aspects of Liberty:

a) Negative aspect:

Limitations have to be imposed to experience liberty in real sense. This is negative aspect
of liberty. Without certain restrictions there will be anarchy and chaos in the society.

b) Positive aspect:

Liberty can only exist when conditions are maintained which help man to rise to full
stature of his personality. These conditions are: absence of restraint.

Types of liberty:

i) Natural liberty;

Found in Locke, Hobbes, Rousseau, it is absolute and unlimited power of doing what is
desired.

ii) National liberty;

When a nation is internally independent and is subject to not outside control national
liberty is the foundation of political, civil and economic liberty.

Laski’s classification:

i) Civil liberty;

It is opposed to the natural liberty. It is liberty in the state guaranteed by the state. It is
defined by “the sum total of rights given by law and protected by the coercive authority of
the state’. It is both in +ve and –ve in character. These two aspects provide us with two
form of liberty i.e.

i. Individual liberty
ii. Constitutional liberty.
ii) Political liberty:

Laski defines it as: “the power to be active in the affairs of the state’s. following are the
feature of political liberty.

I. right of citizens to elect representatives

II. right to be elected.
III. Right to hold any public office.
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IV. Right to be well informed about the government.

iii) Economic liberty;

It is freedom from want and fear. It means security and opportunity to find reasonable
earning. There can be no liberty when there is a constant fear of unemployment.

Safeguards of liberty;

i. Proper legal system.

ii. Independent judiciary
iii. Democracy
iv. Fundamental rights
v. Local self government.
vi. Rule of law
vii. Economic equality
viii. Enlightened citizens
ix. Separation of powers.

Advantages of liberty:

i. Develops personality and makes life a fine art.

ii. Assures good government.
iii. Individual liberty. Starting point of all human progress in arts, science, culture and
industry.

Liberty law state;

One of the fundamental question of political science is the nature of the relationship
between liberty and law and authority. There are two schools of thought.

i) Individualists and anarchists:

Individualists say that law restricts the freedom of the individual. Every law is one more
limitation or interference in the life and interests of the individual. Dicey says: “the more
there is of the one of the less there is of the other”

The anarchists go to the extreme of abolishing the state altogether. According to them
man will be free only when there will be no law and state.

ii) Hegelians or Idealists:

They say that law and liberty are necessary for each other. The more the law the more the
liberty. Every law enlarges the freedom of the individual. Locke has expressed this view
in these words; “the end of law is not to abolish or to restrain but to preserve and enlarge
freedom;”
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iii) The correct view:

The fact is that both views have gone to extremes. Truth lies. In between the two. Law is
related to liberty in three different ways;

i) Law creates those conditions in which an individual can enjoy liberty. It defines
the rights and the duties of the individuals it protects the weak against the strong.
If law doesn’t perform this function, there will be chaos and anarchy in the
society. Such a society will be Hobbes state of nature:
ii) Law creates the essential condition without which liberty cannot ne enjoyed.
These are education cannot be enjoyed. These are education sanitation and etc.
law therefore is not the negation of liberty.
iii) Law also creates conditions of liberty by putting restraints on the authority of the
government. This is done by the supreme law of the land the constitution.
But every restriction imposed by law is not conducive to or a guarantee of liberty.
Those laws which deny the citizens the right to express opinion or at for their
moral progress are opposed to liberty. They do not create liberty but destroy it.
Equality

Like Liberty, equality, is one of the most important concept of political thought. French
declaration of rights 1789 says,

“men are born and always continue to be free and equal in respect of their rights’

The American declaration of independence also said;

“all men are created equal”

Popular meanings:

“all men are equal and all should be entitled to the same treatment and have an equal amount
of wealth”

Criticism;

But such an equality doesn’t exist anywhere. Men are not equal in mental or bodily powers.
Men and women differ from each other in their capacities wants, needs, habits, ideas ,
ambitions, and interests etc. thus, absolute equality is impossible. Nevertheless “inequality”
has ever been the breeding ground of all revolution.

Actual meaning:

i. Absence of social privileges. All persons should be allowed to enjoy equal rights
in the state.
ii. Equal opportunities to development
iii. Equality before the laws.

Kinds of equality:
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i. civil or legal equality:

same kind of law for all classes

ii. political equality:

same political rights

iii. economic equalities:

same opportunities

iv. social equality:

no distinction in the social status of people due to difference in race, color , rank, class,
caste or sex

v. natural equality:

nature has made all men equal. But there is not natural equality in actuality.

Liberty and equality:

Two schools

i. “equality destroys individual liberty”

ii. Most people agree that “liberty would be hollow without some measure of
equality and equality would be meaningless without liberty.” This is the correct
relation between the two.

Rights - Duties
What is right?

Human nature has two aspects, personal and social. When the claim or power of a person
to do or have something is recognized by others, it becomes a right.

The recognition of a right may be given by the conscience of men, by the social opinion
of a people or by the state. Each agency of recognition gives us a different kinds of life.
Human conscience recognize moral right, social opinion, social rights and recognition by
the state gives us legal rights.

Furthermore, right is only one end of a social relation, the other and being duty. The right
is only claim on others to do or have sth while duty is other’s claim on me to the same
freedom of action or enjoyment. Thus every right impious a corresponding duty. A good
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social order means a reciprocal right and duty. Where a social elation gives right to one
person or class without imposing duties on them, it creates a relationship of master and
slaves as it existed in the feudal society of middle ages and in slave society of ancient age.

Definition:

Laski; “rights are those conditions of social life without no men can seek, in general
to be himself at his best,.”

Wild: “right is a reasonable claim of freedom in the exercise of certain activities.

Thus, we may define right as

“a claim or power of an individual or a group of individuals for freedom or opportunity

for action considered as fundamental for their well-being and allowed and recognized by
the society on the state”

Utility of Rights:

They are necessary for the development of individual, the society and the state.

Theories of rights;

i. Theory of Natural rights;

The French declaration of rights and American Declaration of independence said

“Men are endowed by their creator with certain inalienable rights, among these are life,
liberty and the pursuit of happiness.”

The English Utilitarian’s declared that natural rights are nonsense, and natural law is a
mere fiction.

ii. Modern theory of Natural rights:

The state must create conditions for moral development. These necessary conditions for
moral development of human personality are the Natural rights.

iii. Legal theory of rights;

The state doesn’t recognize but actually creates rights. As the state is the creator and
enforcer of rights the individual has no rights against the state.’

iv. Social welfare theory of rights;

Rights are socially useful because they promote the greatest good for the greatest number.
(Bentham and Mill).

Conclusion:

None of them explains rights adequately but each of them has an element of truth.
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Classification of rights;

Rights are broadly divided into moral and legal rights. The legal rights are further divided
into civil and political.

Moral rights; “claim which is recognized by the moral sense of the people.

Eg. It is a moral right of a man to be treated decently by others. A man cannot be forced by
law to be polite and decent towards others.

Moral rights legal rights

Civil rights political rights.

Particular rights

i. Right to life
ii. Right to liberty and free movement
iii. Right to property
iv. Freedom of religion and conscience
v. Right of education
vi. Right to work
vii. Freedom of expression
viii. Freedom of association
ix. Right to contract
x. Right to family life
xi. Equality before law.
1) Right to vote
2) Right of election to legislative
3) Right to public office.

Legal rights: privilege enjoyed by a citizen against other citizens association or

government, recognized by the state and upheld by its authority and laws.

Particular rights:

Those civil and political rights (legal rights) which are generally recognized by civilized
states in modern times.

Distribution between rights and liberties:

Rights are legally protected liberties. Every right imposes a corresponding duty on others
but liberty is something that presupposes only non-interference on the part of others.

Fundamental rights:
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The contents of rights change with time and place. In modern democracy the rights of the
individuals or of minorities may be invaded or denied by the ruling majority. This fear
needs a special need to protect rights. Thus, fundamental rights are those basic rights of
the individual which are regarded as fundamental to his very existence. They are the
rights to liberty, property, life, rights to freedom of expression and worship. They are
incorporated into the within constitution of the country as a “Bill of rights”

Difference b/w fundamental and natural rights:

Fundamental rights are created by the state and guaranteed by its constitution. Natural
rights are believed to have existed before the state came into being.

The state and the rights;

There has been a controversy among political scientist over the natural rights. Social
contract theorists asserted that there were certain rights posed by man before the civil
society or the state came into being. These are his natural rights which he enjoyed in the
state of nature.

The critics of natural right theory assert that rights in the imaginary state of nature were
mere powers. So there were no rights at all in the pre-political society. Only those claims
or power of an individual become rights which the state guarantees to protect and enforce.

“rights are prior to the state’

Rights are those conditions of social life which enable a man to be his best self. Now the
idea of the idea of the best self or of the common good is not created by the state. On the
contrary, the state was

Attributes of sovereignty;

i. Permanence;

Remains intact as long as the state exists. State is permanent entity while government is
temporary organization. Change in government or system doesn’t affect the sovereignty
of the state.

ii. Exhaustiveness:

“there cannot be two kings in a kingdom. (Persian )

One sovereign excludes another. If two people ride a horse, it is only oe who will hold the
reins.
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iii. Absoluteness;

Supreme externally and internally. Supreme over all individuals and association.

iv. Indivisibility:

Cannot be divided “to divide sovereignty is to destroy it”

v. Universality;

Sovereign over all individuals and association. Diplomatic immunities are only one
exception.

vi. Inalienability;

Cannot be taken away from its holder without destroying it.

vii. Imprescriptibility:

It cannot be transferred and shared.

Note: above are only the attributes of state sovereignty. There is a lot of confusion
and misunderstanding regarding sovereignty in the west. They have still not been able to
decide or locate where sovereignty actually lies? Under these condition if the above
mentioned attributes are attached to the sovereignty of a person government political
party or a parliament the entire concept would be render meaningless and there would be
an adding misunderstanding about the concept.

Limitations of sovereignty:

i. Moral limitations:

What is legally possible may be morally impossible.

ii. Natural limitations:

Sovereign cannot do what is naturally impossible. He cannot order the sun to rise at 6
o’clock always.

iii. Human limitations:

A ruler can make a law forbidding the people to hold a particular opinion because it is
dangerous. But he is unable to enforce it.

Public Opinion
Nature
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The expressed idea or attitude of an individual on an issue confronting the group of which
he or she is a member is called an opinion. Expression is necessary. Public opinion is the
sum of individual opinions on a certain issue or in other words “the transformation of
individual attitudes into a collectively that can exert influence”

In their everyday life people think feel and act differently and diversely. But when
required to think and act in common under the influence of a leader or an event they may
create a unity or uniformity of belief, opinion and behavior. This is the public opinion>

Definition:

The collection of individual opinions on an issue of public interest which can exert
influence on individual group and government behavior or policy, formed under the
influence of a leader party or group.

In short public opinion needs four things

i. Individual opinions
ii. Public issue
iii. Communication media
iv. Leadership

Public opinion or majority opinion;

Generally speaking, public opinion is majority opinion. Majority opinion is public

opinion only when it aims at the common good and satisfies the general interests and
well-being of the whole nation and embodies the willing consent of the majority.

Unanimity is thus not necessary for public opinion. What is essential is the common good
or national welfare at which it must aim.

Two kinds of public opinion: political and social:

Public opinion is not merely political. It can also be social. Social opinion is concerned
with matters of social importance. Social opinion can be seen in fashion which often
spread suddenly over the whole of a society. It is expressed by public attitude. In pol.
Science our field of study is social opinion.

Characteristics of public opinion:

i. Living issues of politics;

Public opinion is always about living issues of politics in a country

ii. Widely—held opinions:

iii. Intensity of opinions:
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Which of the differing opinions emerge to become the public opinion? Depends on their
intensity.

iv. Non identifiable group:

“people held the same opinion even though they do not know each other.

v. Continuity and change in public opinion:

“public opinion may change from time to time or may remain the same. Religion
ideology and nationalism tend to make pubic opinion same while modernity, rationality,
secularism science and technology, scientific ad industrial development and education
tend to change it.

Public opinion is the result of different social and political forces of propaganda.

How is public opinion formed:

According to Lord Bryce three classes make public opinion.

i. Public Leaders and thinkers:

They are professional politicians, legislatures journalists etc. they think and set forth by
words of month or pen the arguments meant to influence public. They use the press or
other agencies for communicating their views to others.

ii. Propagator and moulders of public opinion:

Who take interest in politics, read news papers, listen to public speeches, Radio and Tv
Broadcast. They form judgments upon the facts and arguments presented to them. They
become, though not the originators but certainly the moulders and propagators of public
opinion. The worth and value of public opinion really depends upon the honesty, public
spirit, impartiality, political intelligence and sound judgment of this class.

iii. Masses of people:

The third class includes all the remaining masses of the people who are generally
indifferent to public affairs. This large group neither makes opinion as thinkers nor helps
to mould it as critics but it swells its volume by its members. The largest majority of the
people belong to this class.

Importance of public opinion in modern state:

In the modern state is general and in the democratic state in particular, all power spring
from the people. How are the people to exercise its power? Is the question.

It is possible in two ways i.e. by voting and by expressing public opinion. Public opinion,
between the two elections internal keeps the party in power in check, guides the
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government in making policy and restrains the government by becoming oppressive.

Public opinion is the pulse of the people and a wise government must always keep it
fingers on the pulse. Good and sound public opinion will support a government when it is
on the right path and restrains and criticize it when it is in the wrong. It makes ideal
democracy a reality.

Dangers of public Opinion:

If public opinion is prejudiced and misguided it becomes threat to the strength stability
and unity of the democratic state. Then the watch dog of democracy becomes the mad-
dog of tyranny. Dictators indoctrinate the public minds to manufacture public opinion in
their own favor. When pubic opinion is made and influenced by prejudice and vested
interests, it ceases to be public.\

Conditions of sound public opinion:

i. Education: MONKCSS@GMAIL.COM
ii. Free press .
iii. Free discussion .
iv. Social Harmony

Without barriers of caste, creed, color or class divide,

v. Economic security
A starving man has no opinion of his own.

Hindrances in the way of sound public opinion:

I. Illiteracy
II. Economic inequality
III. Religious and sectarian differences
IV. Dishonest press
V. Unwillingness of minorities to acquiesce in the majority rule/
VI. Selfish leaders

How to as certain public opinion;

I. Reading newspapers.
II. Hearing public speeches
III. Scrutinizing election results
IV. Studying manifesto’s of pol. Parties
V. Conversing about public affairs.
VI. Mixing with the people.

Making of public opinion in a democracy and dictatorship:

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Formation of public opinion depends upon the political structure of a state.

In a democracy the process of opinion formation is very complex. The general public is
usually uninterested. Political leaders of the parties are divided due to their own vested
interests. All the political parties and their leaders go to the people and offer them
solution s of the political issues inorder to win their votes in the times of elections. Very
few of these political leaders are originators of these opinion. They really begin with the
views, theories, philosophies and writings of the intellectual classes. While other leaders
and parties adopt opposite theories. They thus become opinion leaders. After the election
public opinion is usually dispersed till the time of the next election.

Agencies influencing public opinion:

i. Family and other primary groups:

Immediates relationships such as friends, neighbors and occupation groups.

ii. Education institutions:

School colleges, universities are the oldest means of forming public opinion.

iii. Radio, TV, Cinema

iv. The press
v. Public speeches or platforms:

Spoken words have greater influence than the printed words.

vi. Political parties:

Election campaigns

vii. Legislature:

Their proceedings are reported in the daily press.

viii. Govt. and public opinion:

The dictator controls public opinion the democratic govt. guides it.

Measurement of public opinion/ opinion polls:

Democratic govts. Measure public opinion in advance to apprehend the election results.
Commercial firms also study and measure public opinin to judge consumer preferences.

Philosophy of opinion polls:

“we can measure public opinion by counting the individual holding different opinions’

Methods of measurement:

Three methods
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i. Accidental sampling:

It was first used by newspapers, magazines, radio broadcast. It was also employed by
market researchers. Ballots are printed ii newspapers and magazines which could be
clipped and returned to the poll researchers. Yet another method was to collect the
opinions of the crowds in roads, bus stands and stations at certain hours of the day.
Another way is postal polls. Ballots are sent to certain selected persons whose addresses
have been found from telephone directories and electoral registers.

ii. Quota sampling:

It means a fix number of people. For instance, the interviewers selected every tenth house
in a street of the area to be surveyed.

iii. Random sampling:

This method may be compared to a big box in which the ballot papers of the whole
electorate are put and thoroughly shaken, and then, say, 2000 are taken out of them at
random to assess public opinion.

Drawbacks:

It is not necessary that people may actually vote according to the opinions they have
expressed.

Pressure group

A group of individuals organized for promoting their special economic or some other
interests by influencing govt. or public officers. The means used by pressure groups to
apply pressure or influence on the govt. legislators, administrator , pol. Parties are
agitation, persuasion, public opinion mongering or even bribery.

Kinds:

i. Interest groups:

Organized by to promote interest by concerning itself with government policy,. When an

interest group uses pressure, it becomes pressure group.
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ii. Lobby:

A pressure group which works in a legislature to influence the legislators to make laws in
the interest of the groups. Eg. Jewish Bobby in the congress.

iii. Cause group:

A pressure group which seeks to promote some cause not of direct benefit to its members
but of general benefit of all eg.

How do pressure groups work?

The pressure groups put pressure to further their cause on;

I. Legislature
II. Pol. Parties.
III. Executive
IV. Public at election time
V. Public at other times.

Organization and working:

it various according to the interests, purpose and sphere of operation. Some consist of few
members another of many. Some are well organized while other are loosely. Pressure
group endeavors to include in its public list names of as many public figures and
prominent people as possible. Many of them are paid for associating with the group. The
real work o the group is however done by a small number of paid agent. They bring
pressure or influence on the law maker and govt. officials and bodies. The pressure may
take a friendly talk, a reasoned discussion or threats of party action the pressure groups
use the news papers Radio, TV,. They pass resolutions in meetings and send letters and
telegrams to public officials

functions of the pressure groups:

i. Provide information of a specialized and technical nature to the government.

ii. Act as intermediaries b/w govt. and the people.
iii. Act as check on pol. Extremism.
iv. Minorities and communities can influence govt. through their pressures

Forms of pressures:

i. Refusal of co-operation with govt.;

Eg. Business groups may refuse to cooperate with govt.

ii. Strikes:

By labors and professional associations

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iii. Electioneering:
“pressure groups participate in elections supporting candidates favorable to their
interests
iv. National publicity campaigns
v. Formation of political parties
vi. Writing letters and telegrams to officials

Effectiveness of the pressure groups:

i. Size
ii. Unity
iii. Leadership
iv. Strength of the party system
Success very much dependent on the weakness of party system.

Propaganda

Propaganda is a technique of influencing public opinion. Public opinion influences the policy
of the modern state.

History of propaganda:

The term propaganda was first used by Roman Catholic Church in its war of words against
revolting protestants .

The Germans during the interwar years, led by the Nazi party, asserted that Germany was not
defeated on the fields of battle, but by the allies propaganda.

Commercial propaganda came into to use after the industrial revolution.

In present times, propaganda is the most powerful political weapon of almost all states
governments and political parties.

Definition:

“the spreading of ideas which we want people to believe whether such ideas are true or not”

Propaganda and education:

The aim of the educator is to convey facts and opinions of all sides and enables the learners to
think and make up their own mind on an issue.

On the other hand, the propagandist’s aim is to teach the audience not how to think but what
to think.

Forms of propaganda:

Propaganda is carried in numerous ways; such as;

- Spoken word
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- Printed words
- Slogans
- Symbols
- Personal contacts
- Mass action

It means are also numerous as:

- Person to person conversation

- Meeting
- Parties MONKCSS@GMAIL.COM
- Press .
.
- Radio, Cinema, TV
- Educational institutions

The propaganda may be an individual a group of individuals, an agency or an institution.

How is propaganda undertaken?

A successful propaganda campaign has its strategy or goods and its tactics and
techniques.

i. Strategy:

It is concerned with the over-all campaign and its objectives and goals.

ii. Tactics

It is the art of utilizing all available forces to the best maximum advantage within the
limits set by strategy.

iii. Techniques:

Like its forms and means, propaganda is conducted by various methods and techniques.
The most common of them are;

a) Publicity or the publication of a point of view

b) Censorship: in every propaganda campaign not only much is told to the people but
much is also not communicated or revealed to them. They are shown only one side of
the picture the bright side.
c) Introduction: it is most successful in cases of children and youth.
d) Education:

Principles of propaganda:

The techniques and methods of propaganda are based on these principles

i. Simplicity
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ii. Repetitions
iii. Credibility.

Various propaganda devices:

the use of familiar symbols and signs is very useful, especially those associated with
parents, or parent substitutes such as uncle aunts, schoolteachers, priests, political heroes
etc. eg. ‘The fatherland’ the mother church” Bharat mata’ ‘uncle sam” for America. The
leader and founder of communist Vietnam was “uncle Ho Chi Minch”

modern propaganda use various devices such as musical broadcast, audio and video
cassettes, poster, handbills etc. eg. In Khomeini’s revolution against Raza Shah in 1979
the use of cassettes with the speeches of Khomeini played an important role.

Indeed the list of such devices is very long which include. Newspapers- magazines,
Radio, Tv. Films, posters, flags, postage, stamps,, various kinds of scholarships and
awards churches, temples, mosques,

Effects and importance of propaganda:

Propaganda has become a great force in the modern world. Every modern state is actively
carrying on propaganda campaigns both within it territories and outside against other
states

Causes of success of propaganda:

Factors which lead to the success of propaganda are;

i. Crisis war situation:

People are so much perturbed that they become victims to propaganda easily.

ii. Existence of censorship;

Autocratic and dictatorial governments impose various restrictions on freedom of

expression, censorship on newspapers, publication. It thus enjoy monopoly of
propaganda.

iii. High degree of accuracy:

When messages have a high degree of accuracy, they will be more acceptable to the
people.

iv. The appeal of specific groups:

Eg. The young, the poor, the minority.

Measurement of propaganda effect:

i. intensive interview
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ii. extensive observation.

iii. Experiments and panel interviews.

Political parties and leaders

Parties function in most of the countries of the modern world. By political party we mean.

“a group of citizens, more or less organized who holds common views on questions of
public interest, act a political unit to attain the control of govt. in order to further the
policy which they possess.

Definition:

“an association organized in support of some principle or policy which by constitutional

means it endeavors to make the determination of government”

(MacIver)

Historical evolution:

Came into being in England when parliament began to challenge the king.

i. Agreements on fundamental views and ideas:

Birds of the same feather flock to gather.
ii. Organization and leadership:

“in union, there is strength” a political party is like an army, a fighting organization out to
conquer and capture political power.

iii. Constitutional methods:

“political party is said to be a building block of democracy. Although a fighting
organization a political party, however, doesn’t fight like an army. Ballots have
taken the place of bullet in modern politics and heads are counted not broken.
iv. Promotion of national interests:

“a Pol. Party must aim at the promotion of national interest not at sectarian, communal or
class interests.

Functions of political parties:

i- Formation of policy
ii- Formation of public opinion MONKCSS@GMAIL.COM
iii- Selection of candidates .
iv- Participation in elections .
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v- Formation of govt.
vi- Role as opposition.

Kinds of political parties:

I. Reactionary party:

It consists of such people who wish to revert to the old order. Eg. Nazi party in Germany
and Fascist party in Italy.

II. Conservative party:

It is like the reactionary one but with one difference. The reactionary party seeks to revive
old order which is long dead and gone, but the conservative party seeks to preserve status
quo.

III. Liberal/democrate party:

Which advocate social change, progress and freedom.

IV. Radical a revolutionary party:

Sand for radical change and outright progress in social and political life. Eg. Socialist,
communist, extremist parties

Reactionary or conservatives parties are now said to be the parties of the right. While the
radical or revolutionary parties are called parties of left. They are sometimes called
parties of extremists. A same party may consist of two wings the left and the right wing.

Basis of political parties:

On the bases of

i. Religion
ii. Economics
iii. Form of government
iv. Nationality

Three theories of party origin:

i. The theory of human nature:

ii. Theory of ideological motivation.
iii. Theory of economic and class conflict.

Each of these theories contain element of truth. One factor alone cannot produce them.

Importance of political parties:

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They are, indeed, indispensable for the working of democratic govt. they are the building
blocks of democracy. Without pol. Parties there will be factions. The people will have no
means of influencing government. There can be no unanimity in public affairs in the
absence of pol. Parties.

Defects of party system:

i. It encourages disunity and disruption in state:

“even the best political party is a conspiracy against the nation”

ii. It leads to moral corruption:

“victory is the first law of party politics no matter whether it is by fair or by foul means.
Party system breeds favoritism, nepotism

iii. Opposed to the spirit of democracy:

It is based on party loyalty and party discipline which doesn’t permit members of party to
express their opinion freely. Anyone who doesn’t obey is driven out of the party.

iv. It encourage bossism ./ factionalism:

Parties are in the hands of the rich classes.

Merits of party system:

i. It is essential for democracy:

Modern representative democracy with its large size and great population is
unworkable without parties.
ii. It gives political education to people:
at the time of election, each party offers its own explanation and solutions to the
national problems.
iii. It makes representative govt. stable and responsible:
Without political parties, the only method of securing a change of govt. would be
revolution or by coup d’etat. Under the party system there is always an opposition
party or a “shadow” government. It acts as a check on ruling party.
iv. Under the party system, government becomes stable, for it produces
harmony between various organs of the state:
“in the parliamentary government the cabinet consists of the prominent members
of the majority party in the parliament and thus the legislative and the executive
organs are linked by the party membership and discipline.
v. Party discipline brings harmony between the government and the people:
The ministers get laws passed by the legislature with the support of majority they
command in the legislature elected by the people.

The party system;

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Three types of party systems exist in modern state.

i. Two party system:

It consist of two major parties which are nearly equal in membership. Eg. The
conservative and Labor party in Britain. A few minority parties may also exist but they
have little or no influence. Sometimes a third party may rise which may gradually must
one of the two earliest parties from the country’s politics. This temporarily there may be
three parties but ultimately the two party system is restorted. This happened is England
when during the 19th century, the two parties, the Liberal and the conservative existed.
Then the third party, the Labor party came into being. It gradually supplanted the Liberal
party and finally in the general elections of 1945 the Liberal party vanished from the
parliamentary scene, which is now dominated by the two parties- Labor and conservative.
In the two party system one of the two parties is in minority in the house. However in
spite of the opposition the differences among them are often very minor. Organization of
both parties is rigid.

Merits:

i. It offers a clear-cut alternative to the voter:

Two party system is convenient to voters. They are asked to choose between the two
parties with their clear cut program.

ii. Formation of govt. is easy under the system:

iii. It secures a real representative government:
iv. It ensures stable and strong government:

The govt. formed by one party is stable in the multiple party system, the cabinet is usually
a coalition which is unstable.

v. It is easy to fix responsibilities for failure of government under two-party system.

vi. It makes long-term planning and policy possible.
ii. Multi-party system:

There are several parties of various strength. Each has a definite policy. The system
usually grows up among the people divided by religious, social and other differences

Merits:

i. It allows greater freedom of opinion:

More natural to modern political system.

ii. It doesn’t divide the nation into two irreconcilable groups:

Whereas the two party system demands behind devotion

iii. It offers chances of several alternative governments:

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Whereas two party system leads to Cabinet dictatorship.

Demerits:

It has more defects than merits govt. has no continuity of policy. Coalition govt. are
unstable and short- lived.

The recent experience of Pakistan, France and other countries has sown that multi party
system leads to national chaos, corruptions and unstable governments.

iv. one party system:

since the w.w.i in many countries like Russia, Germany, Italy, Turkey parliamentary
democracy was overthrown and political parties were suppressed except the party which
set up the dictatorship. Thus one party government was established in these countries.
The only party in the government party. No opposition party exists. Examples are:
Fascist and Nazi parties;

Leadership

meaning: leadership is a necessary social phenomenon. Where many people live

together with different habits, attitudes ideas and interests and yet have to be organized
for a common purpose or common goal of life there leaders will necessarily arise.
Nothing can be achieved without organization but organization creates leaders and
followers.

Party leaders: In order to win elections effectively, manage government and solve
problems confronting the state the party must be led by someone who can achieve these
ends. He becomes the party leader.

Government leadership:

Like every other machinery, governmental needs a man at the steering wheel. But a govt.
is a complex machinery consisting of three distinct parts—the legislature, executive and
administrative departments. Each part needs different type of leaders.

The first test of national leader is the election. But the real test is his skill and superiority

Administrators:
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