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7) Provision for the work:- Work is a matter of honor for every citizen, who
is able to work. The state encourages initiative and creative activity of
citizen in their work (Article 16)
FEDERALISM
The word federation is derived from the Latin word Foedus which
means treaty or agreement. A federation comes into existence when two or
more independent states agree to form a new state surrendering their
sovereignty to latter . According to Prof. Diecy, Federalism means the
distribution of force of the state among number of coordinate bodies each
originating in and controlled by the constitution.When some economically
backward or militarily weak states voluntarily agree to unite, they form a
federal union. Such a union is brought about through a treaty or an agreement.
A new state is created to which all the mutually agreeing states surrender
sovereignty. The USA is an example of such a type of federalism. A federal
Government has two sets of Governments:- Central and regional. Under
federation, powers are distributed between the centre and the units by the
constitution itself and this distribution is not subject to unilateral change.
According to Montesquieu, a federation as a convention by which
several petty states agree to become members of a larger one which they
intend to establish. According to Finer, A federal state is one in which part of
the authority and power is vested in a central institution deliberately
constituted by an association of the local areas. K.C Wheare defines federation
as a division of power between general and regional authorities, each of which
in its own sphere is coordinate with the others and independent of them.
Basic features of Federal Government
1) Distribution of powers between the centre and the states or units or
provinces.
2) Supremacy of the constitution:- The centre and the states must have full
faith in the constitution which considered as the highest law of the land.
e) To make rules for the Government and regulation of the land and
naval forces.
4) Role of courts:- The supreme court of USA played a vital role for
strengthening the federal nation of USA. The judges of the Supreme
Court are appointed by the President and confirmed by the senate.
Hence, there is a tendency to interpret the constitution in favour of
federal Government.
Indian Federation
The constitution of India provides for a federal system of
Government though the term Federation is not used in the constitution. Article
1 of the constitution declares India as a union of states, unlike USA, Indian
federation is not the result of an agreement between the units. The Indian
states or units has no right to secede from the union. In fact the units of Indian
federation have no independent existence of their own. The parliament can
alter their names and territories without their consent. The framers of Indian
constitution felt that, the administration of this country is not possible as a
single unit. The diversity of race, religion, and language also impelled them to
go for a federal policy. It may be observed that, the Indian constitution doesnt
posses all the feature of a federation and it is a quasi-federal in nature.
According to K.C Wheare, Indian union is unitary state with subsidiary federal
features rather than a federal state with subsidiary unitary features- The
following are the federal and non-federal features of Indian constitution
RULE OF LAW
Rule of law is one of the unique characteristics of the
English constitutions. According to Bluntly the rule of law is the law that rules
the country and not the arbitrary will of any individual. Law is supreme overall.
No one can claim excemption or immunity from it. According to Lord Hewart,
the rule of law means the supermacy or dominance of law, distinguished from
mere arbitrariness or some alternative mode which is not law of determining
or disposing of the rights of individuals
According to prof.Diecy , the rule of law has three features and they
are the following
1) No man is punishable or can be lawfully made to suffer in body or
goods except for a distinct breach of law established in the ordinary
legal manner before the ordinary courts. Thus means that, no person
can be punished in England unless and until, it is definitely proved
that he has violated some definite law of the country.
JUDICIAL REVIEW
Judicial review is an important feature of the US constitution.
It implies that, the supreme court in USA acts as the guardian of the
constitution and has been vested with the power to review the laws passed by
the legislature and the orders issued by the executive to ensure that, they are
not contrary to the constitution. In simple words, judicial review refers to the
power of a court to enquire whether a law passed by the legislature or orders
issued by the executive or official action conflicts with the written constitution.
If the court finds that, it conflicts with the main constitution, it can declare the
law or Act as unconstitutional. In USA, the supreme court enjoys the power to
examine the provisions of a state constitution or a law enacted by a state
legislature or any executive order is in keeping with the provisions of the
federal constitution or not.
American constitution didnt clearly give any power of judicial
review to the Supreme Court. But Article VI saying that, only those laws which
are compatible with the constitution are the fundamental laws of the land. The
concept of judicial review was established in America after the famous case of
Marbury vs. Madison. In this case, the Supreme Court observed that, it was the
duty of the courts to declare any law illegal and void if it violated any provision
of the constitution.
TERRORISM
Terrorism, in its broadest sense refers to attempts to further
political ends by using violence to create a climate of fear and uncertainty. The
most common forms at terrorist action include assassination, bombings,
hostage seizures and plane hijacks etc. The concept of terrorism has been
changed after the attack of September 11, 2001. This term is highly
complicated and to be used selectively. One persons terrorist can be anothers
freedom fighter. While terrorism is portrayed as an anti-Governmental actively
Governments may also employ terror against their own or other population.
The major types of terrorism are the following.
a) Insurrectionary terrorism:- This is the revolutionary overthrow of a
Government.
Significance of Terrorism
The incident of September 11 reflected a change in the nature
of terrorism. It acquired a global reach after this incident with an international
transnational or global dimension. The birth of such global terrorism started
with the plane hijacking in the late 1960 carried out by the goups like PLO.
Modern terrorism sometimes portrayed as a product of globalization. The main
reason for this is the cross-border flows people, goods, money, technology,
ideas etc. The international flow of people helped to sustain terrorist
campaigns. Then globalization generated pressure upon certain groups of
people. Modern terrorism is sometimes pictured as hyper-terrorism. The main
reason behind this nature is that, modern terrorism is difficult and may be
impossible to defend it. The potential scope and scale of terrorism has greatly
increased as a result of modern technology.
Countering terrorism
Terrorism poses difficult challenges against established societies.
Unlike other military threats, terrorists often do not have any permanent base
or location and they may be difficult to distinguish from the civilian people.
Further more, it is difficult to protect against kidnappings, armed attacks,
vehicle bombs and suicide attacks. Even though, the main countering
strategies are of the following
a) Strengthening state security: - In states such as Israel, Srilanka, Spain
and U.K, which have experienced long campaigns of nationalist based
terrorism proved that, tightening state security is an effective
method to counter terrorism. The incidents of Sep 11, Bali, Madrid
and London have encourage a large range of nations to revise their
state security systems with emergency legislative methods. Liberal
democratic societies are uniquely vulnerable to threat of terrorism.
Because they protect individual rights and contain checks on
Government power. Globalization also spares the scope for terrorism
by making chances to develop non-state actors. The state must try to
tighten the emigration systems, foreign flow of funds, increase of
population to the groups which may have a chance to inspire
terrorism are the measures to check terrorism.
MILITARISM
Militarism refers to the achievement of ends by the use of
military force. Any attempt to solve problems by military means can be
described as militarism. It is cultural or ideological phenomenons in which
military priorities, ideals and values come to pervade the larger society. This
includes the glorification of armed forces, high sense of national patriotism,
the recognition of war as a legitimate instrument of policy and an activistic
belief on terrorism and self sacrifice. Here we can see military supremacy in
politics, a type of increased involvement by military personal by threaten the
use of force to influence political decisions and outcomes. Military rule
typically lacks a specific ideology, although some times expresses radical or
reactionary political attitudes. There is no legitimate source of authority.
The subject of military and political interventions attracts
widely in recent period. Now a days no country is absolutely free from the
influence of military in its internal or external matters. The important causes of
military intervention into politics are following.
a) Professionalisation of the officer corps:- The professionalized
character of the army officers make them well disciplined and keep
them away from politics. At the same time, it impels them to
intervene in the politics of the country, if severe frustration develops
in their well trained minds.
b) Nationalism and Nation states:- Nationalism provides military to an
honorable status and finds it as the guardian of the national territory
and custodian of national values.
4) Administrative law
5) Judicial review
6) Ethinicity
7) Multi-party system
4 marks each
1) Nature of comparative politics
4) Religious fundamentalism
6 marks each