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DAILY
CLASS NOTES
Indian Polity

Lecture – 03
Multiculturalism / Rule of
Law / Separation of Power
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Multiculturalism/ Rule of Law/ Separation of Power

What is Multiculturalism?
❖ Multiculturalism is the view that cultures, races and ethnicities particularly those of minority groups deserve
special acknowledgement of their differences within a dominant political culture.
❖ In other words, multiculturalism is the existence of different cultures at one place.

Theories on Multiculturalism:

Melting Pot:
❖ It means that people from various cultures come together, assimilate and form a new culture.
❖ People here are always identified by the new identity formed.
❖ It is a sum total of the new identity formed out of the mixing of entirely different identities.
❖ Further, this new identity cannot be reversed.
❖ The old identities disappear and new identities are formed.
❖ Example: In the U.S.A.

Salad Bowl:
❖ Under this theory, people of different identities integrate and form new identities but they also continue their
old identities individually.
❖ This theory is applicable to a multi-diverse nation.
❖ It is just like a salad, in which the ingredients have a separate identity and by mixing these ingredients, they
create a unified single identity.
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❖ Example: India and Canada.

❖ In Indian society, people of different states have their separate individual identities like Punjabi, Marathi, etc.,
but they also have a unified identity as Indian.

Why India Adopted the Salad Bowl Approach?

❖ When India got independence in 1947, the people of northeast India were culturally different from the rest of
India.
❖ The then government (Nehru government) had the notion that the idea of a melting pot would lead to the
assimilation of people of different cultures and practices, however, it may crush their individual culture and
identity.
❖ Thus, the approach of the melting pot was dropped to protect the cultural diversity of India as the
government wanted to allow people of different cultures to prosper. Because the approach of the salad
bowl protects both the individual and national identity.
❖ The then Prime Minister of India (Jawaharlal Nehru) supported the Panchsheel Policy of Tribal integration
(new structure along with old blocks) in which the old and new identities coexist.
❖ Recognising or allowing diversity in a multicultural society may also lead to the emergence of separatist
tendencies or movements which can harm national unity. To nullify this possibility the Indian Constitution
adopted single citizenship to maintain national unity.

Constitutionalism:
❖ It means that the powers of the government are determined.
❖ This philosophy ensures that the government does not misuse the powers given to them. Hence, the idea of
constitutionalism means the Rule of Law.
❖ Constitutionalism, sometimes, is regarded as a synonym for limited government. Generally,
constitutionalism refers to the efforts to prevent arbitrary government.
❖ Its main idea is to limit the power of the government.
❖ It also guides the government for the Do’s and the Don'ts.
❖ India follows the doctrine of Constitutionalism.

Rule of Law:
❖ This term Rule of Law means that Law is the King.
❖ It is the opposite of the term ‘Rule by Law’ or ‘Rule of Men’. [It means that whoever becomes the king,
sets his own laws.]
❖ Rule of law is a mechanism that supports the equality of all citizens before the law.
❖ The constitution of India intended for India to be a country governed by the rule of law.
❖ The idea of the Rule of Law is based on the principle of Lex is Rex (King is Law).
❖ As per Plato, the Rule of Law infers that Law is Supreme and nobody is above the law.
❖ Aristotle said that laws should be the final sovereign of the state.
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❖ The head of the government (Prime Minister) is guided by the Rule of law i.e., the Constitution, and not
by any individual identity.
❖ The North Korean government follows the concept of Rule by law.

Evolution of Rule of Law:

❖ It was propounded by British philosopher A.V. Dicey.
❖ The term Rule of Law consists of three basic tenets:
➢ Supremacy of Law: In India, the constitution is supreme. Whereas in Saudi Arabia, whatever the King says,
becomes the law. Hence, we can say that in India, the Constitution is supreme and Parliament is secondary.
➢ Equality before Law: It means that law should treat everyone equally.
➢ Adjudication of Judiciary/ (Predominance of legal spirit): In India, judiciary is to ensure the above two
points (i.e. supremacy of law and equality before law)

Adjudication: Where the dispute is resolved by the judiciary.

Rule of Law in India:

❖ Article 13: Judiciary keeps a check on the law-making power of Parliament. (Protection given to safeguard
one’s fundamental rights).
❖ Article 14: State shall practice Equality before Law.
❖ Article 21: Procedure established by law has to be followed. It means that the government cannot take away
the right to life except according to the procedure established by Law.

In the famous case, Keshavananda Bharati vs the State of Kerala (1973), the Supreme Court stated that the
Rule of Law is part of the Basic Structure Doctrine.

Constitutionalism vs Despotism:
❖ Constitutionalism is the opposite of despotism.
❖ Despotism is a system of Government in which the governing authorities are a law to themselves.
❖ In 1971-72, the Indira Gandhi government turned despotic/dictatorial and this government came up with some
policies that were against the Constitution.
❖ Despots are not bound by any higher law and are not accountable to the people.
❖ Despots govern only for their own good and not for the benefit of the common citizens.
❖ Hence, the role of the constitution is to promote rule of law.

Exceptions to the Rule of Law:

❖ Equality is Not an Absolute Concept in India:
➢ If there would have been Equality in India, there would not have been reservations in the country.
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➢ India follows the Rule of Law, but it is not absolute in nature.

➢ In India, we have taken up everything from different constitutions and molded them according to our needs.
❖ Affirmative Action for Vulnerable Sections under Article 15 and Article 16.
➢ Here, the government identifies inequality in society and takes action accordingly.
➢ It ensures that those who are downtrodden by society must be provided protection by the state
❖ Privileges to MP/MLAs: There is criminal immunity provided to the Member of Parliament /Member
of Legislative Assemblies.
❖ Special immunity to the President and the Governor: Under article 361, As they are constitutional posts,
the person holding that post cannot be arrested. First, he has to be dismissed from that post, only then
proceedings against them can be taken.
❖ Diplomatic immunity for the diplomats: Anyone who is on a government mission abroad is provided
immunity under Vienna Convention which adheres that any diplomat working abroad should be given special
protection so that they can work freely without any interference from the foreign government.

Affirmative Action:
❖ It means “reservation” or where the government takes the action to promote the welfare of the depressed
class.
❖ It is called Positive Discrimination.

Separation of Powers:
❖ According to Montesquieu, the idea of Separation of Power ensures that all the branches of government
are able to function efficiently.
❖ It avoids concentration of power in one branch, hence it avoids abuse and misuse of power.
❖ It means the division of power between legislative, executive and judicial functions to avoid misuse of
power.
❖ This will solve the problem of concentration of power.
❖ On the other hand, it will also ensure efficiency of the system.
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Advantages of Separation of Power:

❖ Protection of civil liberties.
❖ Promotion of efficiency in the system.
❖ Promotes specialization: Parliament is specialized in making the laws, bureaucrats have full-fledged training
in law implementation and Judiciary is good at checking the laws.
❖ Strengthens Democracy.

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