NOTES

FIRST YEAR B.L.S LL. B

SEMESTER: II

POLITICAL SCIENCE – I
POLITICAL THEORY AND POLITICAL ORGANISATION
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Page 2 of 108
MODULE 1: STATE AND SOVEREIGNTY IN POLITICAL THEORY

1.1 The Concept of the State- Meaning and Definition

In the words of Jean-Jacques Rousseau, the state is a human institution created by humans
to govern humans in pursuit of common goals and interests.

The modern term 'state' is derived from the word 'status'. It was Niccolo Machiavelli (1469
- 1527) who first used the term 'state' in his writings. His important work is titled as 'Prince'.

The concept of the state is one of the most fundamental and important ideas in political
science. Simply put, the state is a political entity that exercises sovereign control over a
defined territory and population. It is characterized by a monopoly on the legitimate use of
force within its territory, and is often associated with the provision of public goods and
services such as security, infrastructure, and education.

The state can take many different forms, ranging from authoritarian regimes to democratic
states. However, the modern state is generally seen as a product of the European
Enlightenment and the development of modern political and legal institutions. The idea of
the state is closely related to the idea of sovereignty, which refers to the supreme authority
of the state within its territory. Sovereignty is often associated with the ability to make and
enforce laws, and to regulate the behaviour of individuals and groups within the state.

The concept of the state is also closely related to the idea of citizenship, which refers to the
legal and political status of individuals within the state. Citizenship can involve rights and
responsibilities such as voting, paying taxes, and serving in the military. The state is often
contrasted with other types of political organizations such as tribes, empires, and city-states.

1.1.1. State as a Community of Persons.

⎯ The concept of the state as a community of persons is an important one in

political theory, particularly in the social contract tradition.
⎯ According to this view, the state is not simply an institution that exists to enforce
laws and protect property rights, but rather it is a community of individuals who
come together to form a society.
⎯ This view emphasizes the social nature of the state, and the importance of
collective action in shaping political life.

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⎯ This idea is closely linked to the concept of citizenship, which involves both
rights and responsibilities.
⎯ In this view, citizenship is not just a legal status, but a moral and political one
that involves active participation in the political community.
⎯ The state as a community of persons can be seen as an alternative to more
individualistic views of politics, which emphasize individual rights and
freedoms over collective goods. Some political theorists argue that this view of
the state is particularly important in a democratic society, where citizens are
expected to play an active role in shaping political outcomes.
⎯ Examples of the state as a community of persons can be found in the early
modern social contract tradition, with thinkers such as Thomas Hobbes, John
Locke, and Jean-Jacques Rousseau.
⎯ Hobbes, for example, argued that individuals in a state of nature were in a state
of war with one another, and that the only way to avoid this conflict was to form
a social contract and create a state.
⎯ Locke, on the other hand, emphasized the importance of individual rights, but
also argued that the state existed to protect those rights and promote the common
good.
⎯ Rousseau, in his famous work The Social Contract, argued that the state was
formed by a collective act of will, in which individuals came together to create
a general will that represented the common good.
⎯ The state as a community of persons has also been used to critique more
authoritarian forms of government, which emphasize the power of the state over
the rights and freedoms of individuals.
⎯ For example, in the 20th century, political theorists such as Hannah Arendt and
Sheldon Wolin argued that totalitarian regimes represented a fundamental
rejection of the idea of the state as a community of persons.
⎯ Arendt, in particular, emphasized the importance of active citizenship and
political participation as a way of resisting totalitarianism and preserving
democratic values.
⎯ The idea of the state as a community of persons has also been influential in
contemporary debates over multiculturalism and diversity.

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⎯ Some political theorists argue that the state should be seen as a diverse
community of individuals, with different cultural backgrounds and identities.
⎯ In this view, the state should not try to assimilate individuals into a dominant
culture, but rather should celebrate diversity and promote cultural pluralism.
⎯ Critics of this view, however, argue that it can lead to a fragmentation of the
political community, and undermine the sense of shared identity and common
purpose that is necessary for a functioning democracy.

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1.1.2. State as a Politically Organized Society within a Defined Territory.

⎯ The state is a form of political organization that is characterized by the exercise

of sovereign power over a specific geographic territory.
⎯ The state is responsible for establishing and enforcing laws and regulations,
collecting taxes, and providing public goods and services.
⎯ The concept of the state emerged in the modern era, as societies began to
transition from feudalism to more centralized forms of governance.
⎯ The state is typically comprised of various institutions and bureaucracies,
including the executive, legislative, and judicial branches, as well as a civil
service and other administrative bodies.
⎯ The state has the ability to exercise power both domestically and internationally,
and may engage in activities such as diplomacy, warfare, and trade negotiations.
⎯ The territorial aspect of the state is particularly important, as it provides a
defined boundary within which the state can exercise its authority and enforce
its laws.
⎯ The concept of the state as a politically organized society is closely linked to
the idea of citizenship, which refers to the rights and obligations that individuals
have within the context of the state.
⎯ States may be organized in different ways, such as federal systems where power
is divided between national and subnational governments, or unitary systems
where power is more centralized.

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1.1.3. State as the only Sovereign entity with a single Government.

⎯ The concept of the state as the only sovereign entity with a single government
refers to the idea that the state is the highest authority within a given territory
and that it has a monopoly on the legitimate use of force within that territory.
⎯ This means that the state is the only entity that has the right to make and enforce
laws, collect taxes, and provide public goods and services within its borders.
⎯ The state is typically organized as a single government, meaning that there is a
centralized authority that exercises power over all parts of the territory.
⎯ This stands in contrast to other forms of governance, such as federalism or
confederalism, where power is shared between different levels of government.
⎯ The concept of the state as the only sovereign entity with a single government
is closely linked to the idea of territorial sovereignty, which refers to the idea
that states have the exclusive right to control what happens within their borders.
⎯ This concept has been the dominant form of political organization since the
emergence of the modern state in the 17th century. However, there have been
some challenges to this concept in recent years, such as the rise of supranational
organizations like the European Union, which have created new forms of shared
governance.
⎯ Examples of states that operate as the only sovereign entity with a single
government include the United States, France, India and China, among many
others.
⎯ There have been criticisms of this form of political organization, with some
arguing that it can lead to abuses of power and violations of human rights,
particularly in cases where the state becomes authoritarian or totalitarian.

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1.1.4. Definitions of State.

Aristotle defined the state as a form of human association distinguished from

other social organizations by its purpose of maintaining social order and
ensuring the enforcement of its will by the use of force if necessary.

According to Max Weber, a German sociologist the state is an entity that has a
monopoly on the legitimate use of force within a given territory.

Montevideo Convention of 1933 defined the state as a legal entity that has a
defined territory, a permanent population, and a government that exercises
sovereignty over that territory.

Rousseau believed that the state was a collective expression of the general will
of the people and that the state had a duty to act in the best interest of its citizens.

Karl Marx saw the state as a tool of the ruling class to maintain their power and
suppress the working class, rather than as a neutral entity serving the interests
of all citizens.

Charles Tilly, an American sociologist referred the state as a social institution

that maintains order, provides public goods, and enforces the law within a given
territory.

Hans Morgenthau, a German-American political scientist, describes the state as

a political association that has sovereignty over a particular territory and its
people, and is recognized as such by other states.

Anthony Giddens, an English sociologist defines the state as a complex of

institutions that exercises power within a given territory and seeks to regulate
the behaviour of its citizens through laws and regulations.

Woodrow Wilson, the 28th American President defines state as a community of

individuals more or less numerous, permanently occupying a definite portion of
territory, independent of external control and possessing an organized
government to which the great body of inhabitants render habitual obedience.

The state is a legal and political entity that exercises control over a defined
territory, its people, and resources says Robert Dahl, an American political
theorist.

Page 8 of 108
⎯ The state can also be defined as a territorial entity with a population, a
government, and a system of laws that are enforced through a monopoly of
force. This definition emphasizes the state's legal and institutional foundations,
which help to regulate and govern the behaviour of its citizens.
⎯ Some scholars define the state as a social contract between rulers and citizens.
This contract establishes the rights and responsibilities of each party, with the
state providing security and protection in exchange for the citizens' loyalty and
obedience.
⎯ The state can also be defined as a political organization that exercises sovereign
authority over a defined territory. This definition emphasizes the state's supreme
power to make and enforce laws, maintain order, and defend the territory against
external threats.
⎯ Another definition of the state is that it is a complex of institutions that exercise
power and authority in society. This definition emphasizes the state's role in
shaping and regulating social and economic relations, as well as providing
public goods and services to its citizens.
⎯ The state can also be seen as a system of domination and control, where a ruling
class uses its power to maintain its own interests and suppress the interests of
subordinate classes. This definition emphasizes the state's role in maintaining
social and economic inequality, and the struggles of oppressed groups to
challenge state power.
⎯ Finally, some definitions of the state emphasize its cultural and symbolic
dimensions. The state can be seen as a source of identity and belonging, a
repository of shared values and ideals, and a cultural artifact that reflects the
aspirations and experiences of its citizens.

Page 9 of 108
1.1.5. Constituent Elements of State and importance of each Element.

The constituent elements of State are:

⎯ Population:
o Refers to the people living within the boundaries of a state.
o The most fundamental element of the state since without people there
can be no state.
o People form the basis of state power and serve as the ultimate source of
sovereignty.
⎯ Territory:
o Refers to the land, water, and air space under the jurisdiction of a state.
o Provides the physical space for the state to exercise its power and
implement its policies.
o The territorial integrity of a state is an important factor in maintaining
national security.
⎯ Government:
o Refers to the set of institutions and procedures through which a state is
governed.
o The primary function of government is to establish and enforce laws
that promote the welfare of the people.
o The government is responsible for maintaining law and order,
protecting citizens' rights, and regulating the economy.
⎯ Sovereignty:
o Refers to the supreme power of a state to govern itself without
interference from external sources.
o The state is recognized as the only legitimate authority within its
territory, and it has the exclusive power to make and enforce laws.
o Sovereignty is important in maintaining the state's autonomy and
independence.

The first two elements are physical bases of state and last two are political bases of
state.

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1.1.6. Comparative Study - State and Government, State and Society, State and
Association.

⎯ State and Government:

o The State is a political organization that governs a territory while the
government is the institution that holds the power to govern that territory.
o The State is the legal entity while the government is the operating system.
o The State is permanent and long-lasting while governments are temporary
and change periodically.
o The State has a monopoly on the legitimate use of force, while the
government is the agency through which the State uses its power.
⎯ State and Society:
o The State is the political organization that governs a territory while society
refers to the people living in that territory.
o The State is responsible for protecting the rights of individuals and groups
in society.
o The State regulates social interactions, while society is made up of
individuals who interact in various ways.
o Society is a complex web of relationships between individuals and groups
while the State is a formal, institutionalized system.
⎯ State and Association:
o The State is a compulsory association, while an association is a voluntary
one.
o The State's authority is backed by the use of force, while associations rely
on persuasion and mutual agreement.
o Associations are created to meet specific needs or interests, while the State
provides for the general welfare of the entire population.
o The State is a legal entity with a monopoly on force, while associations are
created by people for specific purposes.

Page 11 of 108
1.2 Sovereignty as the Basic Element of the State.

Sovereignty refers to the supreme power of the state to govern itself without any interference
from any external or internal forces. Sovereignty is a key feature of a state that distinguishes it
from other organizations, institutions, and associations. Sovereignty provides the state with the
power to make decisions, enforce laws, and maintain order within its borders. In this sense,
sovereignty is an essential element of statehood and is closely related to the concept of the state
itself.

The term Sovereignty is derived from the Latin word ‘superanus’ which means supreme. the
father of modern theory of sovereignty was Jean Bodin (1530 - 1597) a French political thinker.
According to Bodin, sovereignty is the "supreme power of the state over its citizens and
subjects." This definition emphasized the state's authority over its citizens and its ability to
maintain order and enforce laws within its borders.

Another important political theorist, Thomas Hobbes, also emphasized the importance of
sovereignty in his work. Hobbes argued that the state must have absolute sovereignty in order
to maintain order and prevent chaos. According to Hobbes, without sovereignty, the state would
not be able to enforce its laws and protect its citizens.

In modern times, sovereignty has become increasingly important in international relations. The
principle of sovereignty is a key element of the United Nations charter, which recognizes the
sovereignty of all member states and prohibits interference in the domestic affairs of other
states. Sovereignty has also become a contentious issue in debates about globalization, human
rights, and intervention in the internal affairs of other states.

Page 12 of 108
1.2.1 Meaning and Definition of Sovereignty.

Sovereignty refers to the supreme authority or power that a state possesses

within its territory. It is the ability of the state to exercise complete control over
its internal affairs and to act independently on the international stage without
interference from other states.

Some key points to understand the meaning and definition of sovereignty:

⎯ Sovereignty is often considered the most important attribute of the state, as it

defines its independent existence and ability to govern its citizens.
⎯ Sovereignty implies that the state has the authority to make and enforce laws,
impose taxes, control the use of force, and maintain order within its borders.
⎯ Sovereignty is usually associated with the concept of territoriality, which means
that a state has exclusive control over its land, airspace, and waters.
⎯ Sovereignty is also closely linked to the concept of legitimacy, which refers to
the acceptance by citizens and other states of the state's authority and right to
govern.
⎯ Sovereignty is not absolute and can be limited by various factors, such as
international law, treaties, human rights norms, and the actions of other states.

Page 13 of 108
1.2.2 Two Aspects of Sovereignty: Internal and External.

⎯ Internal Aspect of Sovereignty:

o Refers to the supreme power of the state over all individuals and groups
within its boundaries.
o Involves the exercise of power over the population, as well as the
administration of justice, maintenance of law and order, and provision of
public goods and services.
o The state's internal sovereignty is often linked to its legitimacy and the
ability to maintain order and provide for the welfare of its citizens.
o Examples of the internal exercise of sovereignty include the state's power to
tax, regulate commerce, and enforce laws.
⎯ External Aspect of Sovereignty:
o Refers to the state's recognition as a legal entity by other states in the
international system.
o Involves the state's power to enter into treaties, conduct diplomatic relations,
and defend its borders from external threats.
o External sovereignty is often seen as the foundation for a state's
independence and its ability to pursue its own interests in the international
arena.
o Examples of the external exercise of sovereignty include the state's power
to conduct foreign policy, enter into international agreements, and maintain
a military for national defence.

Page 14 of 108
1.2.3 Essential Characteristics of Sovereignty

⎯ Supremacy: Sovereignty refers to the supreme power that is exercised by the

state over its territory and population.
⎯ Permanence: Sovereignty is permanent and continuous. It is not temporary
or fleeting.
⎯ Exclusive: Sovereignty is exclusive to the state and cannot be shared with
any other entity. The state alone has the authority to exercise sovereignty.
⎯ Comprehensive: Sovereignty is all-encompassing and covers all aspects of
the state's existence, including its territory, people, laws, and institutions.
⎯ Inalienable: Sovereignty cannot be transferred or given away. The state
cannot be deprived of its sovereignty by external forces.
⎯ Territoriality: Sovereignty is tied to the state's territory, and the state has the
authority to control all activities within its territory.
⎯ Legitimacy: Sovereignty is based on the legitimacy of the state's authority
over its people. It is recognized by the people and the international
community.
⎯ Autonomous: Sovereignty implies that the state is autonomous in its
decision-making and is not subject to external influence.
⎯ Coercive: Sovereignty gives the state the power to use force to maintain order
and control within its territory.
⎯ Absoluteness: Sovereignty is absolute, meaning that the state's power is not
subject to any external authority or control.

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1.2.4 The Notion of Legal Sovereignty, Political Sovereignty and Popular Sovereignty

⎯ Legal Sovereignty:
o Legal sovereignty refers to the legal authority of the state to exercise power
over its territory and people.
o It is the power to make laws and regulations, to enforce them and to
adjudicate disputes.
o It also includes the power to enter into treaties and agreements with other
states.
o The Constitution of a state usually recognizes and institutionalizes legal
sovereignty.
⎯ Political Sovereignty:
o Political sovereignty refers to the ability of a state to exercise power over its
citizens through the state institutions.
o It is the power of the government to control and direct the activities of its
citizens.
o Political sovereignty also includes the power of the government to maintain
law and order, to enforce its laws, and to defend the state against external
threats.
o The exercise of political sovereignty is vested in the government, which
represents the state.
⎯ Popular Sovereignty:
o Popular sovereignty refers to the power of the people to govern themselves.
o It implies that the people are the ultimate source of political authority in a
state, and their will should prevail over the will of the government.
o In a democratic system, popular sovereignty is reflected in the right of
citizens to vote and participate in the political process.
o The idea of popular sovereignty emphasizes the importance of democracy
and the role of citizens in the political system.

Examples:

• The United States Constitution recognizes the principles of popular

sovereignty by stating that the government derives its power from the
consent of the governed.

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• In the United Kingdom, legal sovereignty is vested in the Parliament, which
has the power to make laws and regulate the affairs of the state.
• In authoritarian regimes like North Korea, political sovereignty is vested in
the ruling party and the leader, who exercise absolute control over the state
and its citizens.

Page 17 of 108
1.2.5 History of the Development of the Concept of Sovereignty

⎯ The concept of sovereignty can be traced back to ancient times, where the kings
and rulers claimed to have divine authority to rule over their subjects.
⎯ During the Middle Ages, the Catholic Church claimed to have ultimate authority
over the kings and rulers, as they believed that the Pope was the representative
of God on earth.
⎯ In the 16th century, the concept of sovereignty began to shift towards secular
rulers, as the Reformation challenged the authority of the Catholic Church.
Sovereignty became associated with the authority of the state, rather than the
authority of the church.
⎯ The development of the concept of sovereignty can be traced back to the early
modern period in Europe, particularly during the 16th and 17th centuries, when
the idea of the nation-state emerged.
⎯ During this time, the Peace of Westphalia (1648) marked a significant turning
point in the development of sovereignty as a concept. This treaty ended the
Thirty Years' War and recognized the sovereignty of individual states, paving
the way for the modern system of international relations.
⎯ The concept of sovereignty has been shaped by a range of factors, including the
rise of nationalism, the impact of colonialism, and the emergence of new
international institutions.
⎯ The Enlightenment period in the 18th century further contributed to the
development of the concept of sovereignty. Philosophers such as Jean-Jacques
Rousseau and John Locke emphasized the importance of the social contract
between the ruler and the ruled, where the ruler had a responsibility to protect
the rights of the people.
⎯ In the 18th and 19th centuries, the idea of popular sovereignty gained traction,
particularly in the context of the French Revolution and the American
Revolution. This concept holds that ultimate authority rests with the people
rather than with a monarch or ruling class.
⎯ In the 19th century, sovereignty became associated with the idea of the nation-
state. The emergence of nationalism led to the belief that a state should have
control over its own territory and people, and that the people within a state
shared a common identity and culture.

Page 18 of 108
⎯ The idea of popular sovereignty influenced the development of constitutional
democracies and the adoption of written constitutions that codified the rights
and freedoms of citizens.
⎯ In the 20th century, the concept of sovereignty was challenged by the growth of
international organizations such as the United Nations, which sought to promote
global cooperation and address issues that transcend national borders.
⎯ In recent years, the concept of sovereignty has been further challenged by
globalization and the rise of non-state actors such as multinational corporations
and international terrorist organizations.
⎯ The principle of sovereignty has been used to justify a range of actions by states,
including territorial expansion, intervention in the affairs of other states, and the
use of force to protect national security interests.
⎯ The concept of sovereignty has also been used to promote the rights of minority
groups and to challenge the legitimacy of authoritarian regimes.

Page 19 of 108
1.2.6 Contribution of Jean Bodin, Hugo Grotius, Jeremy Bentham

⎯ Jean Bodin:
o Jean Bodin (1530-1596) was a French political philosopher who made
important contributions to the development of the concept of sovereignty.
o In his major work, Six livres de la république (1576; Six Books of the
Commonwealth), Bodin argued that the state must have supreme power in
order to maintain order and stability.
o Other works: Methodus ad Facilem Historiarum Cognitionem (1566;
Method for the Easy Comprehension of Histories)
o Bodin emphasized the importance of the sovereignty of the state as the basis
for the exercise of political power and authority.
o Bodin's theory of sovereignty stressed the importance of the state as the
ultimate authority, with no external power having the right to interfere in its
affairs. (Monistic theory)
o Bodin's ideas influenced the development of the modern state and the
concept of the nation-state, which came to be seen as the embodiment of
sovereign power.
⎯ Hugo Grotius:
o Hugo Grotius (1583-1645) was a Dutch jurist and philosopher who made
significant contributions to the development of international law and the
concept of natural law.
o Grotius argued that there were certain natural laws that applied to all human
beings, regardless of their nationality or political affiliation.
o In his major work, "The Law of War and Peace" (1625), Grotius argued that
there were certain rules that should govern the conduct of states in their
relations with one another.
o Grotius believed that the principle of sovereignty was not absolute, but that
states had certain obligations to each other that were governed by natural
law.
o Grotius's ideas contributed to the development of international law and the
concept of the international community, which came to be seen as a body of
states with shared interests and obligations.
⎯ Jeremy Bentham:

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o Jeremy Bentham (1748-1832) was an English philosopher and social
reformer who made important contributions to the development of
utilitarianism and the concept of individual rights.
o Bentham believed that the purpose of government was to promote the
greatest happiness for the greatest number of people, and that this could be
achieved through the protection of individual rights and freedoms.
o In his major work, "An Introduction to the Principles of Morals and
Legislation" (1789), Bentham argued that the principle of sovereignty was
necessary for the protection of individual rights.
o Bentham believed that the state had a duty to protect individual rights and
freedoms, and that the principle of sovereignty was necessary to ensure that
the state had the power to do so.
o Bentham's ideas influenced the development of liberalism and the concept
of individual rights, which came to be seen as fundamental to the protection
of human dignity and freedom.

Page 21 of 108
1.2.7 Social Contract/Consent Theory. (Hobbes, Locke and Rousseau)

Social Contract/Consent Theory is a political theory that seeks to explain the origins
and nature of political authority and legitimacy.

The theory argues that political authority is based on a social contract or agreement
between individuals in a society, where they give up some of their individual rights in
exchange for protection and security provided by the government.

The theory also asserts that individuals have the right to rebel or withdraw their consent
if the government fails to fulfil its obligations or violates their rights.

⎯ Hobbes:
o Thomas Hobbes (1588-1679) was an English philosopher who is considered
one of the founders of social contract theory.
o Hobbes believed that human beings were naturally selfish and competitive,
and that life in a state of nature (without government) would be "solitary,
poor, nasty, brutish, and short."
o To escape this state of nature, Hobbes argued that individuals would enter
into a social contract with a sovereign ruler, giving up their individual rights
in exchange for protection and security provided by the government.
o Hobbes's theory of the social contract was based on the idea that political
authority was necessary to maintain order and stability in society, and that
the state had absolute power to enforce its laws and regulations.
⎯ Locke:
o John Locke (1632-1704) was an English philosopher who developed a more
democratic and liberal version of social contract theory.
o Locke believed that human beings were naturally rational and moral, and
that they had certain natural rights, such as the right to life, liberty, and
property.
o In his "Second Treatise on Government" (1690), Locke argued that
individuals entered into a social contract with the government to protect
their natural rights, and that the government's legitimacy depended on its
ability to do so.

Page 22 of 108
 o Locke believed that the people had the right to rebel against the government
if it failed to protect their natural rights, and that the government's power
was limited by the consent of the governed.
⎯ Rousseau:
o Jean-Jacques Rousseau (1712-1778) was a French philosopher who
developed a more radical version of social contract theory.
o Rousseau believed that human beings were naturally good, but that
civilization had corrupted them and created inequality and injustice.
o In his “Social Contract” (1762), Rousseau argued that individuals had to
surrender their individual wills to the general will of the community in order
to achieve freedom and equality.
o Rousseau believed that the government's legitimacy depended on its ability
to represent the general will of the community, and that individuals who
opposed the general will should be forced to conform to it.
o Rousseau's theory of the social contract was based on the idea that political
authority should be based on the collective will of the community, rather
than the individual wills of the people.

Page 23 of 108
1.2.8 John Austin’s Theory of Sovereignty

⎯ John Austin was an English jurist and legal philosopher of the 19th century,
known for his theory of legal positivism and sovereignty.
⎯ Austin defined sovereignty as “the power to give commands which are
habitually obeyed” and emphasized that it is absolute, indivisible, and
inalienable.
⎯ Austin believed that sovereignty is embodied in the state, which has ultimate
authority over its subjects and is not subject to external control.
⎯ According to Austin, the sovereign has three essential attributes:
o a person or body of persons to whom the bulk of the population is in a
habit of obedience;
o a person or body of persons who is not legally bound to obey anyone
else;
o and a person or body of persons whose commands are enforced by
sanctions.
⎯ Austin argued that law is a command issued by the sovereign to the subjects,
and the subjects are bound to obey the law because of the sanctions imposed by
the sovereign.
⎯ Austin also distinguished between positive law and natural law, arguing that
positive law is the law made by the sovereign, while natural law is a set of
principles that are discoverable by reason and are binding on all human beings.
⎯ Austin believed that the source of law is the sovereign, and all law must be
traced back to the sovereign's commands.
⎯ Austin's theory of sovereignty had a significant impact on the development of
legal and political thought in the 19th and 20th centuries, influencing scholars
such as H.L.A. Hart, Hans Kelsen, and Carl Schmitt.
⎯ Critics of Austin's theory argue that his concept of sovereignty is too narrow and
overlooks the importance of other sources of power and authority in society,
such as social norms, traditions, and customs.
⎯ Moreover, Austin's theory assumes that the state is a unified and homogeneous
entity, but in reality, the state is often fragmented and divided among different
interest groups and individuals.

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⎯ Despite these criticisms, Austin's theory of sovereignty remains an important
contribution to the study of political and legal philosophy, particularly in
understanding the relationship between law, power, and authority in modern
societies.

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MODULE 2 GOVERNMENT AS A CONCEPT IN POLITICAL THEORY

2.1 Main Currents of Western Political Thought on Statecraft

2.1.1 Plato’s Ideal State as given in ‘The Republic’ - Concept of Philosopher King.

“The heaviest penalty for declining to rule is to be ruled by someone inferior to yourself.”

⎯ Introduction:
o Plato (428/27 - 348/47 BC), a Greek philosopher, is one of the most
influential thinkers in political philosophy.
o Plato gives a prominent place to the theory of the ‘Philosopher King’, the
idea according to which the best form of government is that in which
philosophers rule.
o The ideal of a philosopher king was born in Plato’s dialogue ‘Republic’
as part of the vision of a just city.
o It was influential in the Roman Empire and was even revived in European
political thought in the age of absolutist monarchs.
o Plato’s rulers had the responsibilities of preserving and promoting the
interests of the whole community. Their aim is, as Plato expressed in the
‘Republic’, giving orders and happiness to the state.
⎯ Ideal State:
o The Republic of Plato is interpreted as Utopia to end all Utopias guided
by reason and justice.
o According to Plato, a state is “when a group of people get together and
settle in one place, and who have various different requirements.”
o The foundation of Plato's Ideal State lies in the concept of justice, which
he considers as the harmony and proper functioning of all elements
within the state.
o Plato divides his ideal state into three main classes: the ruling class, the
guardian class, and the producing class.
▪ The ruling class consists of philosopher-kings, individuals who
possess wisdom, knowledge, and a deep understanding of the
Forms (ideal, eternal truths).

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 ▪ The guardian class comprises warriors and defenders of the state.
They are courageous, disciplined, and possess a sense of duty
towards protecting the state and its citizens.
▪ The producing class consists of artisans, farmers, and craftsmen
who provide the necessary goods and services for the functioning
of the state.
o Each class is assigned specific roles and responsibilities, and social
mobility between classes is not allowed, as Plato believes that individuals
should perform tasks based on their inherent abilities and talents.
o The ruling class, the philosopher-kings, are selected through a rigorous
process of education and training. They undergo a lifelong pursuit of
knowledge and engage in philosophical contemplation.
o The ruling class is not motivated by personal gain or self-interest but
rather by the pursuit of the common good and the well-being of the state
and its citizens.
o Plato proposes a system of communism within the ruling and guardian
classes. Private property is abolished, and possessions are held in
common to ensure equality and prevent conflicts arising from material
wealth.
o Plato's Ideal State emphasizes the importance of education. The state
takes responsibility for the upbringing and education of children, aiming
to produce morally upright and intellectually capable citizens.
o Education in Plato's ideal state follows a strict curriculum that includes
physical training, music, mathematics, and philosophy. The goal is to
cultivate virtuous individuals who possess knowledge of the Forms.
o Women in Plato's Ideal State are given equal opportunities for education
and participation in the ruling and guardian classes. Plato believed that
women could possess the same intellectual and moral qualities as men.
o The family structure is altered in the ideal state. Marriage is arranged by
the state to ensure the breeding of the most capable and virtuous citizens.
Children are raised collectively, without knowing their biological
parents.

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 o Plato's Ideal State discourages excessive materialism and luxury. Citizens
are encouraged to live a simple and frugal lifestyle, with a focus on the
pursuit of knowledge and the development of their inner virtues.
o It also places a high value on the cultivation of reason and rationality.
Emotions and desires are considered disruptive forces that can lead to
irrational decisions and conflicts within the state.
o The state is governed by a strict system of laws that are based on reason
and the principles of justice. These laws are formulated and enforced by
the philosopher-kings in consultation with the guardian class.
o While Plato's Ideal State provides a blueprint for an ideal society, it has
been subject to criticism and debate.
⎯ Criticism:
o Critics argue that it neglects the importance of individual freedoms and
fails to account for the diversity of human nature.
o His ideal state is based not merely on analogy but almost identification
between the individual and the state, which is quite wrong.
o Plato fails to condemn the institution of slavery and regard it as
fundamental evil.
o Plato’s system of communism of women and temporary marriage is
detestable and unethical.
o Plato is a moralist rather than a political idealist. His assumption that the
state should control the entire lives of its citizens is false and contrary to
human liberty.
⎯ The Philosopher King:
o Plato's concept of the Philosopher King emerges from his belief in the
superiority of wisdom and knowledge in governing a state effectively.
o Plato took the idea of philosopher king from Socrates, who on the
insistence of Glaucon defined a philosopher as one who loved wisdom,
had a passion for knowledge, and was always curious and eager to learn.
o The Philosopher King is an individual who possesses extensive
intellectual and philosophical training, allowing them to understand the
true nature of reality and the Forms (ideal, eternal truths).

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o They are characterized by their pursuit of wisdom, rationality, and a deep
understanding of justice.
o The Philosopher King is motivated by a genuine concern for the well-
being of the state and its citizens, rather than personal gain or power.
o They are selfless leaders who prioritize the common good and strive to
establish a just and harmonious society.
o The role of the Philosopher King is not attained through birthright or
inheritance but through a rigorous selection process based on their
intellectual capabilities and moral virtues.
o Plato compares the philosopher-king to a ship's captain, emphasizing the
importance of knowledge, expertise, and leadership in navigating the
state through complex challenges.
o The Philosopher King is selected from the ruling class, which itself
comprises individuals who have undergone extensive education and
training in philosophy and governance.
o The education and training of the Philosopher King are lifelong pursuits,
aimed at cultivating wisdom, critical thinking, and a comprehensive
understanding of the complexities of governance.
o Plato believes that the Philosopher King possesses the unique ability to
comprehend and access the Forms, allowing them to make just decisions
and guide the state towards virtue.
o The Philosopher King uses their knowledge and wisdom to shape the
state's laws and policies in accordance with reason and justice.
o They are responsible for ensuring that the state functions in harmony,
with each individual fulfilling their proper roles and responsibilities.
o The Philosopher King's ruling style is characterized by rationality,
impartiality, and an emphasis on the greater good rather than personal
interests.
o They are adept at balancing the different interests and needs of the
various classes within the state, striving to maintain social harmony and
justice.
o The Philosopher King possesses the qualities of a benevolent and
enlightened ruler, aiming to elevate the intellectual and moral standards
of the citizens.
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 o Their rule is guided by the principle of meritocracy, as they believe that
individuals should occupy positions of power based on their competence
and wisdom, rather than social status or wealth.
o The Philosopher King is not detached from the affairs of the state but
actively engages with the citizens, fostering dialogue, and encouraging
intellectual and moral development.
o They are committed to the education and well-being of the citizens,
striving to provide equal opportunities for personal growth and
development.
o The Philosopher King's leadership is not authoritarian but rather
persuasive and guided by rational arguments. They seek to convince the
citizens of the justness and wisdom of their decisions.
o The concept of the Philosopher King challenges traditional notions of
leadership, emphasizing the importance of knowledge, reason, and
morality in governance.
o While the concept of the Philosopher King may seem idealistic, it serves
as a reminder of the significance of wisdom and virtue in effective
governance, inspiring leaders to strive for intellectual and moral
excellence.
⎯ Conclusion: For Plato, an Ideal State ruled by the philosopher ruler was a divine
institution perfectly worthy of emulation and imitation. The Idea of Good was
the highest form of knowledge. It could be compared with the Sun, for it
illuminated all intelligible and knowable things. Plato’s rationale for conferring
absolute power to the enlightened philosopher ruler was essentially to achieve
two unrelated aims. The first was to avoid tyranny and caprice, the second being
the welfare of the community. He saw philosophic rule as being beneficial to
both the ruler the subject. He was confident that it would promote the harmony,
efficiency and moral goodness of the entire community.

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 2.1.2 Machiavelli’s view on Statecraft - Advices to Prudent Prince in ‘The Prince’

“The first method for estimating the intelligence of a ruler is to look at the men he has around
him.”

⎯ Introduction/background:
o Machiavellian times refer to the period of political turmoil and upheaval
in Renaissance Italy during the 15th and 16th centuries.
o Italy was fragmented into multiple city-states, including Florence, Milan,
Venice, and the Papal States, each vying for power and dominance.
o These city-states were often engaged in conflicts, alliances, and power
struggles, resulting in a volatile and unstable political environment. Italy
experienced frequent invasions and occupations by foreign powers, like
France, Spain, and the Holy Roman Empire.
o The Italian city-states witnessed the rise and fall of ruling families, such as
the Medici in Florence and the Sforza in Milan.
o Machiavelli, a diplomat and political philosopher, lived in Florence. In
1512, the Medici family, who had been in power, were temporarily
expelled from Florence, and Machiavelli lost his position in the
government.
o “The Prince” was written in 1513 as a response to the political conditions
and as an attempt to regain favour with the ruling Medici family. It was
dedicated to Lorenzo de' Medici, with the hope of securing a position in
the Medici administration.
o Machiavelli intended “The Prince” to be a practical guide for rulers on
acquiring, maintaining, and consolidating power in the tumultuous
political climate of the time.
o Machiavelli's writing of “The Prince” was influenced by his deep concern
for the fate of Italy and his desire to see a strong and united Italian state.
o The treatise reflects Machiavelli's frustration with the ineffective and weak
leadership he witnessed, and his belief that a ruler must be pragmatic and
willing to make difficult decisions to ensure stability and security.
o Machiavelli employed empirical methods to conclude his idea of politics.
He has used the historical method like that of Aristotle. One can say that
his method is a combination of realistic and historical manners. His

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 practical method with the backing of history makes him a political thinker
and not a political theorist.
o Machiavelli in “The Prince”, very beautifully writes about his method as
“drawing maxims or rules for successful political behaviour from history
and experience.”
o The Discourses on the First Ten Books of Titus Livius, also known as
“Discourses on Livy”, is considered another of his famous work.
⎯ Views on Statecraft:
o Statecraft can be referred to as an art, methods or strategies that are
employed to regulate affairs of the state.
o Among Machiavelli's work, the two books that deal with the subject of
Statecraft are majorly two: “The Prince” and “The Art of War”.
o Machiavelli had a particular focus on the unity and power of the state,
rather than pursuing idealistic notions.
o He used an empirical approach, studying the history of political systems
from the 4th to the 15th century, which was the era of feudalism.
o He rejected feudalism and advocated for a centralized authority that holds
ultimate power over all institutions.
o Breaking away from medieval traditions, he challenged the idea that the
church should control political authority and argued that the state should
be independent from the church, with its own rules and supreme power.
o Machiavelli elaborates the doctrine of Raison D “Etat” (Reason of state)
The actions of the state must be judged only on the basis this doctrine i.e.,
independent, self-sufficient and well-ordered and well maintain state.
o According to Machiavelli, the state surpasses all other social associations
in importance.
o Machiavelli's state, first and foremost, was a secular state however, he was
not against religion itself.
o The Machiavellian state is not concerned with morality or ethics meaning,
that the state is primarily a political entity and not inherently moral or
ethical.
o The Machiavellian state is driven by the pursuit of power. Its main
objective is to strengthen and unite the country, establish peace, order, and

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 defend against foreign invaders. Machiavelli believed that any means
necessary could be employed to achieve these ends.
⎯ Advice to the ‘Prince’:
o On the Human Nature:

"Men sooner forget the death of their father than the loss of their patrimony".

▪ According to Machiavelli, rational analysis of politics must begin

with an account of human nature.
▪ Machiavelli viewed men to be selfish, coward, ungrateful, fear,
fickle-minded and deceitful.
▪ Machiavelli advises the Prince to have a realistic understanding of
human nature and to base their actions and policies on this
understanding.
▪ Machiavelli cautions against excessive trust in others,
recommending a degree of suspicion and caution in dealings with
people. He advises the Prince to be aware of the potential for
treachery and to take pre-emptive measures to secure their position
and protect against potential threats.
▪ Machiavelli argues that people are easily swayed by appearances
and rhetoric, and the Prince should use this to their advantage in
shaping public opinion.
▪ Machiavelli advises the Prince to understand the desires and
motivations of their subjects, using this knowledge to effectively
govern and maintain control.
▪ He emphasizes the importance of maintaining order and stability,
as humans tend to seek security and are willing to surrender their
freedom for stability and protection.
▪ Machiavelli's advice is based on a pragmatic understanding of
human nature, acknowledging that rulers should align their actions
with the inherent self-interest and motivations of individuals.
o On the Qualities of the Prince:

“A Prince must understand how to make a nice use of the beast and the man”.

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 ▪ The Prince should possess qualities of both a lion (strength) and a
fox (cunning), able to be forceful when necessary and display
astuteness in political manoeuvring.
▪ The Prince should possess both moral and practical qualities, but
practicality should take precedence in political affairs.
▪ The Prince should be decisive and capable of making difficult
decisions without hesitation.
▪ The Prince should be skilled in the art of war and possess a strong
military to protect the state's interests.
▪ The Prince should be able to balance appearing virtuous with a
willingness to act immorally if necessary for the benefit of the state.
▪ The Prince should have the ability to manipulate public opinion and
effectively communicate their policies.
▪ The Prince should be strategic and forward-thinking, able to
anticipate and plan for future challenges.
▪ The Prince should surround themselves with competent advisers,
but ultimately retain decision-making power.
▪ The Prince should be able to inspire fear and command respect, as
well as display generosity and kindness when appropriate.
▪ The Prince should strike a balance between appearing powerful and
being relatable to the people.
o On the Use of Power:

“Let a Prince set about the task of conquering and maintaining his state,
his methods will always be judged honourable, and he will be universally
praised”.

▪ Machiavelli emphasizes that the Prince should prioritize the

acquisition and maintenance of power as the central goal.
▪ He advises the Prince to be practical and pragmatic in using power,
focusing on the effectiveness of actions rather than being bound by
moral considerations.
▪ Machiavelli suggests that the Prince should strike a balance
between being loved and feared, but if faced with a choice, it is
better to be feared as fear is more reliable in maintaining control.

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 ▪ Love and fear are two dimensions of power of attraction and power
of coercion. People love at their own will but are feared at the will
of the Prince.
▪ Machiavelli warns against excessive reliance on mercenaries,
recommending the establishment of a loyal army under the direct
control of the Prince.
▪ The Prince should be willing to act decisively and employ
calculated acts of cruelty when necessary to maintain order and
control.
▪ Machiavelli advises the Prince to use strategic alliances and
diplomatic tactics to consolidate power and protect against
potential threats.
▪ Machiavelli suggests that the Prince should carefully manage the
perception of power, maintaining an image of strength and
authority to instil fear and respect in others.
▪ Machiavelli advises the Prince to be strategic in their use of power,
seeking to expand and strengthen the state through territorial
acquisition and careful management of alliances.
o On Religion and Ethics:

“Everyone sees what you appear to be, few experience what you really
are.”

▪ Machiavelli advises the Prince to use religion strategically as a tool

to maintain control and stability. He suggests that the Prince should
appear religious and uphold the traditional religious values of the
people to gain their support and prevent unrest.
▪ However, Machiavelli emphasizes that the Prince should be willing
to disregard moral and religious principles when necessary for the
benefit of the state.
▪ He argues that the actions of the ruler should be judged by their
effectiveness in maintaining power rather than by conventional
ethical standards. Machiavelli suggests that the Prince should
prioritize the stability and security of the state over adherence to
traditional moral values.

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 ▪ He advises the Prince to be pragmatic and flexible, adapting ethical
standards to suit the demands of political circumstances.
▪ Machiavelli argues that Prince should not be bound by
conventional notions of right and wrong.
▪ He suggests that Prince should focus on the practical
considerations of maintaining power, making decisions based on
the interests of the state rather than morality.
▪ An act may be ethically wrong but politically correct.
⎯ Conclusion: Machiavelli is known as a father of modern political theory.
Machiavelli was the first pragmatist in the history of political thought. His method
and approach to problems of politics were guided by common sense and history.
Apart from theorizing about the state he has also given meaning to the concept of
sovereignty. Machiavelli was the first who gave the idea of secularism.
Machiavelli’s statecraft as it appears is indeed meaningful there is hardly any
denying of the fact that his political insight had no parallel among his
contemporaries.
According to Sabine, Machiavelli is narrowly dated and narrowly located.

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2.1.3 Aristotle’s Classification of Governments

⎯ Introduction/background
o Aristotle (384-322 BCE) was a Greek philosopher, scientist, and
polymath who made significant contributions to various fields,
including ethics, logic, biology, and political science.
o He was a student of Plato (also his critique) sand later became the tutor
of Alexander the Great.
o Aristotle's political writings primarily revolve around his book
“Politics” (Greek: "Politiká"), which is considered one of the
foundational texts in political philosophy. Other work “Ethics”, and
“Rhetoric”.
o Aristotle's “Politics” is a comprehensive work that examines the nature
of political communities, the role of citizens, and the various forms of
government.
o The book consists of eight books, covering topics ranging from
household management to the ideal state and the nature of justice.
o Aristotle's approach in “Politics” is empirical, relying on observation,
analysis, and classification to understand the functioning and
characteristics of different political systems.
o He examined over 150 constitutions to understand the principles that
underpin different forms of government.
o Aristotle believed that practical experience and empirical analysis were
essential for the study of politics, distinguishing his approach from the
more abstract and idealistic philosophy of his teacher, Plato.
⎯ Classification of Governments:
o On the Basis of Number of Rulers:

▪ Monarchy:

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 • A form of government where power is concentrated in
the hands of a single ruler or monarch.
• The monarch exercises authority in the best interest of
the state and its citizens.
• Aristotle considered monarchy as a virtuous form of
government when the ruler's rule is based on wisdom,
justice, and the common good.
• Mauryan Empire, British Monarchy etc.
▪ Aristocracy:
• A form of government where a small group of virtuous
and educated individuals hold power.
• These leaders possess superior qualities and wisdom,
making them best suited to govern.
• Aristotle regarded aristocracy as a virtuous form of
government when the ruling class is motivated by the
common good rather than self-interest.
• Example: The idea of a Brahminical council in ancient
India, where learned priests guided the king's decision-
making.
▪ Polity:
• A constitutional government, is a form of government
where power rests with the broader citizenry.
• It involves a balance between the rule of the many and
the rule of the few.
• Aristotle considered polity to be a virtuous form of
government when it promotes the common good and
safeguards the interests of both the wealthy and the poor.
• Example: Modern India's parliamentary democracy,
where power is vested in elected representatives who
govern in accordance with the constitution.
▪ Tyranny:

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 • Tyranny is the corrupted form of monarchy, where a ruler
becomes a tyrant and exercises power oppressively and
arbitrarily.
• The ruler's self-interest takes precedence over the
common good, leading to the exploitation of citizens.
• Example: North Korea
▪ Oligarchy:
• Oligarchy is the corrupted form of aristocracy, where
power is concentrated in the hands of a few wealthy and
privileged individuals.
• The ruling elite pursue their own interests at the expense
of the broader population.
• Example: Russia, Pakistan etc.
▪ Democracy:
• Democracy, in its perverted form, is characterized by
mob rule and the tyranny of the majority.
• Decisions are driven by the passions and self-interests of
the masses, disregarding the rights and interests of
minorities.

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2.2 Modern Classification of Government
“The best argument against democracy is a five-minute conversation with the average voter.”
- Winston Churchill

⎯ Modern classification of government refers to the categorization and analysis of

different forms and systems of governance in contemporary times.
⎯ It aims to provide a framework for understanding the diverse political structures
and functions that exist in the world today.
⎯ Governments can be classified based on various criteria, including the
distribution of power, the relationship between the state and its citizens, and the
role of different institutions.

2.2.1. Unitary and Federal Government (Meaning and Definition, Features, Merits and
Demerits and Comparative Study)

⎯ On the basis of relationship between the centre and the units, the governments
may be classified as unitary and federal.
⎯ In a unitary government, all the powers of government are vested in the central
government whereas in a federal government, the powers of government are
divided between the centre and the units.
⎯ Unitary Government:
o Meaning: A system where the central government holds ultimate power
and delegates limited authority to lower levels of government. It has the
ability to amend or abolish subnational units.
o Definition: A system of government where power is concentrated at the
central level, with the central government exercising authority over
subordinate units.
o Features:
▪ It is based on the concept of consistency, unity, and identity.
▪ The decision-making power rests with the central government
that are shared by the government with the lower-level
government when needed.
▪ Laws are uniformly applied across the entire country.

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 ▪ A unitary government may or may not have a written constitution.
England (No) and France (Yes).
▪ There is no need of having a special judiciary with wide powers
of judicial veto in a unitary government
▪ Ex: UK, Afghanistan, Italy, China, Saudi Arabia, Spain.
o Merits:
▪ Decisions are made efficiently and implemented uniformly.
▪ Unitary systems promote a sense of national unity and identity.
▪ Uniform economic policies can be implemented, leading to better
resource allocation.
▪ The system reduces administrative complexities by centralizing
power.
▪ It makes timely decisions as compared to the federal government.
▪ It is less expensive as compared to the federal government.
o Demerits:
▪ Local concerns may be neglected in favour of national priorities.
▪ Concentration of power at the centre can lead to regional
imbalances in development.
▪ Uniform policies may hinder innovation and experimentation at
the basic level.
▪ Centralized power can be abused and lead to authoritarian
tendencies.
▪ People have a very limited voice in this government system.
⎯ Federal Government:
o Meaning: A federal system divides powers between the central and
regional governments. The Constitution delineates the powers and
functions of each level, and neither can unilaterally alter the authority of
the other.
o Definition: A system of government where power is divided between the
central government and regional units, with each level having significant
autonomy and authority within its own jurisdiction.
o Features:
▪ Powers and functions are distributed between the central and
regional governments.
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 ▪ A separate judiciary ensures the interpretation and protection of
the Constitution.
▪ The central and regional governments work together to achieve
common goals.
▪ However, there can be certain powers and authorities that remain
totally with the federal government like policies on defence,
budget, international diplomacy, etc
▪ The Constitution defines the powers and responsibilities of each
level, preventing unilateral alteration.
▪ A federal government must have a written constitution.
▪ Ex: India, Brazil, Switzerland, Australia, Belgium, Canada, etc.
o Merits:
▪ Regional units have the power to make decisions based on local
needs and preferences.
▪ Division of powers prevents the concentration of authority and
provides a system of checks and balances.
▪ Federal systems accommodate diverse regional identities and
protect minority interests.
▪ Regional governments can implement policies to address local
issues and encourage innovation.
o Demerits:
▪ Disputes can arise between the central and regional governments
over the distribution of powers.
▪ Coordination and cooperation between different levels of
government can be challenging.
▪ Duplication of functions and overlapping jurisdictions can lead to
inefficiencies.
▪ Consensus-building and negotiations can delay decision-making
processes.

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2.2.2. Quasi- Federal State, India as a Quasi-Federal State

⎯ A quasi-federal state is characterized by a system that combines federal and

unitary elements, with a central government that possesses more power and
authority than regional governments.
⎯ The Indian Constitution provides for a division of powers between the central
government and the state governments.
⎯ The central government has exclusive powers in areas such as defence, foreign
affairs, currency, and interstate commerce.
⎯ The state governments have jurisdiction over subjects such as law and order,
healthcare, agriculture, and local governance.
⎯ Both the central government and the state governments have the authority to
levy taxes within their respective jurisdictions.
⎯ The Constitution establishes a bicameral legislature at the central level,
consisting of the Rajya Sabha (Council of States) and the Lok Sabha (House of
the People).
⎯ The Rajya Sabha represents the states and ensures their participation in the
legislative process, while the Lok Sabha represents the people.
⎯ The central government has the power to override state laws on certain subjects
through parliamentary legislation.
⎯ The President of India, who is the head of state, is elected by an electoral college
comprising elected representatives from both the central and state governments.
⎯ The President's role includes appointing governors for each state, who act as
representatives of the central government at the state level, exemplify the
unitary bias in India's quasi-federal system.
⎯ The judiciary, particularly the Supreme Court of India, plays a crucial role in
adjudicating disputes between the central government and the state
governments.
⎯ The Constitution can be amended by a special procedure that requires the
support of both the central and state governments.
⎯ The quasi-federal nature of India's governance allows for flexibility and the
accommodation of regional diversity, which is crucial in a large and diverse
country like India.

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⎯ The distribution of powers and resources between the central and state
governments ensures a degree of local self-governance and responsiveness to
regional needs.
⎯ The quasi-federal system has facilitated the formation of state-specific policies
and initiatives, addressing issues that are more relevant to specific regions.
⎯ However, at times, there can be conflicts and tensions between the central and
state governments, particularly regarding the division of financial resources,
legislative powers, and policy implementation.

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2.2.3. Parliamentary and Presidential Government (Meaning and Definition, Features,
Merits and Demerits and Comparative Study)

⎯ Parliamentary Government:
o Meaning: In a parliamentary system, the executive (Prime Minister and
Cabinet) is a part of the legislature and is accountable to it. The Prime
Minister is typically the leader of the majority party or coalition.
o Definition: A system where the executive branch is accountable to the
legislature and derives its legitimacy from the support of the majority in
the parliament.
o Features:
▪ The executive and legislative branches are fused together.
▪ The executive is collectively responsible to the parliament.
▪ The Prime Minister is the head of government and exercises
executive powers.
▪ The government can be dismissed through a vote of no
confidence in the parliament.
▪ The executive can be easily reshuffled or replaced through
parliamentary procedures.
▪ Ex: The United Kingdom, Canada, and India.
o Merits:
▪ The majority support in parliament ensures stable governance.
▪ The fusion of powers allows for quick decision-making and
implementation of policies.
▪ The executive is accountable to the parliament, leading to
increased transparency and scrutiny.
▪ Leadership changes can occur smoothly without disrupting the
functioning of the government.
▪ Parliamentary debates and committees allow for diverse
opinions to be voiced.
o Demerits:
▪ The fusion of powers may lead to concentration and abuse of
authority.

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 ▪ Frequent changes in government and coalitions can create
instability.
▪ Extensive debates and consultations can slow down the decision-
making process.
▪ The executive is dependent on the support of the legislature,
limiting independence.
⎯ Presidential government:
o Meaning: In a presidential system, the executive (President) is separate
from the legislature. The President is directly elected by the people and
holds significant powers and authority.
o Definition: A system where the executive branch is separate and
independent from the legislature, and the president is directly elected by
the people.
o Features:
▪ The executive and legislative branches are separate and
independent.
▪ The president serves a fixed term and is not dependent on the
support of the legislature.
▪ The president is elected directly by the people.
▪ The president has significant powers and authority.
▪ Separation of powers prevents the concentration of authority.
▪ Ex: The United States, Brazil, and Mexico
o Merits:
▪ The fixed term for the president provides stability and continuity.
▪ Separation of powers ensures checks and balances and prevents
abuses of power.
▪ The president is not dependent on the legislature, allowing for
independent decision-making.
▪ The president is directly elected by the people, enhancing
democratic legitimacy.
o Demerits:
▪ The president may not be directly accountable to the legislature,
leading to reduced transparency.

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▪ Conflicts between the executive and legislature can result in
policy gridlock.
▪ In some cases, removing an ineffective or corrupt president may
be challenging.
▪ Presidential systems may not provide adequate representation
for minority opinions.

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MODULE 3 ORGANIZATION OF GOVERNMENT

3.1 Theory of Separation of Powers

3.1.1. Montesquieu’s Theory of the Separation of Powers

“Power should be a check to power.” - Montesquieu

⎯ Introduction/background:
o Charles-Louis de Secondat, Baron de La Brède et de Montesquieu
(1689-1755) was a French philosopher and political thinker.
o His most famous work is “The Spirit of the Laws” (1748), which
expounded his ideas on government and political systems.
o Montesquieu advocated for the separation of powers as a fundamental
principle for good governance.
o He believed that the separation of powers would prevent tyranny and
protect individual liberties.
o His ideas on the separation of powers influenced the drafting of the
United States Constitution. It also shaped the political systems of several
countries, including France and India.
o He was elected to the prestigious French Academy of Sciences in 1728.
⎯ Separation of Powers:
o According to Montesquieu, the powers of government should be divided
among different institutions to prevent the abuse of power and ensure
liberty.
o He proposed three distinct branches of government: the legislative, the
executive, and the judiciary, each with separate functions and powers.
o The legislative branch is responsible for making laws and represents the
will of the people. It includes the parliament or congress.
o The executive branch is responsible for enforcing laws and governing
the state. It includes the head of state, government, and administrative
agencies.
o The judiciary branch is responsible for interpreting laws and ensuring
justice. It includes the courts and judges.
o Montesquieu said that separating these powers would create a system of
checks and balances.

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o The separation of powers ensures that no single authority has complete
control over the government, thus protecting individual rights and
liberties.
o Benefits of Separation of Powers:
▪ Prevents power from vesting in a single body.
▪ Improves energy and efficiency of government by allowing each
branch to specialize.
▪ Encourages democratic deliberation and facilitates dialogue.
▪ Prevents a single body from enjoying supremacy, enabling
checks and balances.
▪ Upholds the rule of law by avoiding concentration of legislative,
executive, and judicial powers.
o Defects in the Doctrine of Separation of Powers:
▪ The doctrine was not historically practiced in England, contrary
to assumptions.
▪ Difficult to draw precise demarcation lines between the three
powers.
▪ Strict separation of powers may hinder the functioning of a
modern welfare state.
▪ Discretion needed to differentiate between essential and
incidental powers.
▪ Protection of individual liberty requires the rule of law and an
impartial judiciary.
▪ Complete separation of powers may lead to constitutional
deadlock.
o Way Forward:
▪ Partial separation of powers for a mixed and balanced
constitutional structure.
▪ Practical considerations for financing each branch of
government.
▪ Recognition that the executive branch is often the most powerful
of the three branches.

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3.1.2 Liberal Interpretation with Checks and Balances
⎯ Liberal interpretation refers to a broad and flexible approach to constitutional
interpretation that aims to protect individual rights, promote equality, and foster
democratic governance.
⎯ Liberal interpretation emphasizes the importance of interpreting constitutional
provisions in light of evolving social, political, and cultural contexts.
⎯ It seeks to ensure that constitutional principles and rights are interpreted in a
manner that aligns with contemporary societal values and advances the well-
being of individuals and communities.
⎯ Liberal interpretation often involves adopting a purposive approach, looking
beyond the literal text of the constitution to understand and fulfil its underlying
goals and objectives.
⎯ This approach recognizes that constitutions are living documents that must
adapt to changing circumstances and challenges.
⎯ Checks and balances are mechanisms within a political system that limit the
concentration of power and prevent any one branch or individual from
dominating the governance process.
⎯ They ensure accountability, transparency, and the protection of individual rights
by creating a system of mutual constraints and oversight.
⎯ In India, the Constitution incorporates liberal interpretation and checks and
balances to safeguard democracy and protect fundamental rights.
⎯ The judiciary plays a crucial role in the liberal interpretation of the Indian
Constitution, particularly through the power of judicial review.
⎯ Judicial review allows the courts to review the constitutionality of laws and
government actions, ensuring they adhere to constitutional principles and
protect individual rights.
⎯ The Supreme Court of India, as the highest judicial authority, has the power to
strike down laws that are inconsistent with the Constitution.
⎯ In India, the executive, legislative, and judicial branches have distinct functions
and powers, and each branch acts as a check on the others.
⎯ Liberal interpretation with checks and balances in India also extends to
institutions such as the Election Commission and the Comptroller and Auditor.

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3.1.3. Application of the Doctrine of Separation of Powers in the US and India
(Specified)

⎯ In USA
o The United States Constitution enshrines the doctrine of separation of
powers as a fundamental principle of governance.
o The legislative branch is vested in the Congress, which consists of the
Senate and the House of Representatives.
o The executive branch is headed by the President, who is responsible for
enforcing laws and administering the government.
o The judiciary is entrusted to the Supreme Court and other federal courts,
responsible for interpreting laws and ensuring justice.
o Each branch has distinct functions and powers, acting as a check on the
others to prevent any one branch from becoming too powerful.
o The President can veto legislation passed by Congress, but Congress can
override the veto with a two-thirds majority in both chambers.
o The Senate has the power to confirm presidential appointments,
including federal judges and cabinet members.
o The Supreme Court, through the power of judicial review, can declare
laws or executive actions unconstitutional.
o Examples of the separation of powers in action in the United States
include the landmark case of Marbury v. Madison (1803), where the
Supreme Court asserted its power of judicial review.
o Another example is the impeachment process, where the House of
Representatives has the power to impeach federal officials, and the
Senate conducts the trial.
⎯ Application of the Doctrine of Separation of Powers in India:
o The Constitution of India also incorporates the doctrine of separation of
powers, although not explicitly mentioned.
o The legislative branch is represented by the Parliament, consisting of the
Rajya Sabha (Council of States) and the Lok Sabha (House of the
People).

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o The executive branch is headed by the President, who is the
constitutional head of the country, and the Prime Minister, who is the
head of government.
o The judiciary is headed by the Supreme Court of India, responsible for
interpreting the Constitution and safeguarding individual rights.
o The President, as the head of state, exercises powers such as the
appointment of judges, governors, and executive officials.
o The Prime Minister and the Council of Ministers are responsible for
implementing laws and policies.
o The Parliament has the power to make laws, and the executive is
accountable to the Parliament through mechanisms such as question
hour and debates.
o The judiciary exercises the power of judicial review, ensuring that
legislative and executive actions adhere to the Constitution.
o The separation of powers in India serves to prevent abuse of power,
ensure accountability, and protect the rights and liberties of citizens.

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3.1.4 Evaluation of the Doctrine of Separation of Powers

⎯ The doctrine provides for the division of powers among different branches of
government, typically the legislative, executive, and judicial branches.
⎯ It aims to prevent the abuse of power, maintain checks and balances, and protect
individual rights and liberties.
⎯ It promotes transparency, accountability, and the preservation of democratic
principles.
⎯ The doctrine allows each branch to act as a check on the others, preventing the
concentration of power in the hands of a few.
⎯ The separation of powers facilitates the specialization of functions, with each
branch focusing on its specific responsibilities.
⎯ It fosters a system where each branch is independent and can act as a
counterbalance to the others, promoting a healthy system of governance.
⎯ However, the doctrine of separation of powers also has limitations and
challenges. One criticism is the potential for gridlock and inefficiency when
branches of government clash and impede decision-making.
⎯ Another concern is the risk of excessive polarization, as each branch may pursue
its own agenda rather than cooperating for the common good.
⎯ The doctrine relies on a system of checks and balances, but the effectiveness of
these checks and balances can vary in practice.
⎯ The interpretation and application of the doctrine can be subject to political
influence and judicial discretion, which may raise questions about its
impartiality.
⎯ In India, the doctrine of separation of powers faces challenges due to the
frequent overlap and interaction between the executive and legislative branches.
⎯ The executive branch often exercises significant control over the legislative
process through party discipline and the appointment of ministers.
⎯ The legislature plays a crucial role in both law-making and oversight, but its
effectiveness in checking the executive can be hindered by political
considerations.
⎯ The judiciary in India has played a critical role in upholding the doctrine of
separation of powers through its power of judicial review. However, concerns

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 have been raised about judicial overreach and the potential encroachment of the
judiciary on the powers of the other branches.
⎯ The success of the doctrine of separation of powers depends on the commitment
of the actors involved to uphold its principles and respect the boundaries of each
branch.
⎯ In conclusion, while the doctrine of separation of powers provides a framework
for democratic governance, its implementation and effectiveness can vary in
different contexts. It requires constant vigilance and commitment to ensure the
protection of democratic values and the balance of power.

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3.2 Judiciary as an Organ of the Government

3.2.1. Role and Functions of Judiciary

⎯ The judiciary is one of the three essential organs of the government, along with
the legislature and the executive.
⎯ It is responsible for interpreting laws, ensuring justice, and upholding the rule
of law.
⎯ The judiciary acts as a check on the other branches of government to prevent
abuse of power and protect individual rights.
⎯ In India, the judiciary is independent and separate from the executive and
legislative branches.
⎯ The judiciary in India is structured hierarchically, with the Supreme Court at the
apex, followed by high courts and subordinate courts.
⎯ Role:
o The primary role of the judiciary is to interpret the Constitution and
laws, ensuring their compatibility with constitutional principles and
protecting fundamental rights.
o The judiciary has the power of judicial review, allowing it to strike down
laws that are unconstitutional.
o It acts as the final authority in legal disputes, resolving conflicts between
individuals, organizations, and the state.
o The judiciary ensures the enforcement of contracts, property rights, and
other legal obligations.
o It plays a vital role in upholding the rule of law, ensuring that laws are
applied impartially and uniformly.
o The judiciary plays a crucial role in protecting the rights of marginalized
and vulnerable sections of society, including women, children, and
disadvantaged groups.
⎯ Function:
o The judiciary safeguards civil liberties and protects individuals from
arbitrary actions by the government.
o It is a guardian of the Constitution, preventing any encroachment on the
basic structure of the Constitution.

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o The judiciary provides a forum for citizens to seek redressal for
grievances and violations of their rights.
o It oversees the conduct of elections, ensuring free and fair electoral
processes.
o The judiciary also exercises the power of contempt to uphold its
authority and protect the dignity of the court.
o The Supreme Court of India, as the highest judicial authority, has the
power to issue writs, including writs of habeas corpus, mandamus,
prohibition, certiorari, and quo warranto under Article 32.
o The judiciary acts as a source of legal precedent, establishing principles
and interpretations that guide future cases.
o It pronounces judgments and provides legal reasoning, contributing to
the development and evolution of the law.
o The judiciary promotes alternative dispute resolution mechanisms, such
as mediation and arbitration, to ease the burden on the courts.

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3.2.2. Three Methods of Appointments of the Judges

⎯ Presidential Appointment:
o Under this method, the head of state (President) appoints judges to the
judiciary.
o Presidential appointment often involves the advice and consent of other
institutions, such as the legislature or a nominating commission.
o This method is commonly practiced in presidential systems of
government, including the United States.
o In India, the President appoints judges to the Supreme Court and high
courts based on the recommendation of the collegium system (a group
of senior judges) under Article 124(2).
⎯ Legislative Appointment:
o This method involves the legislature (or a specific body within the
legislature) appointing judges to the judiciary.
o The legislature may have a dedicated committee or commission
responsible for the appointment process.
o This method is practiced in some parliamentary systems, such as the
United Kingdom.
o In India, prior to the establishment of the collegium system, the
appointment of judges was made through the "primacy of the executive"
model, where the President appointed judges based on the advice of the
executive.
⎯ Judicial Appointment:
o Under this method, judges are appointed by the judiciary itself or a
judicial body, with minimal or no involvement of the executive or
legislative branches.
o Judicial appointment often emphasizes the independence and expertise
of the judiciary in selecting its members.
o In India, the collegium system was established through judicial
interpretations to give greater autonomy to the judiciary in appointing
judges.
o The collegium system consists of the Chief Justice of India and a group
of senior judges who recommend candidates for appointment.

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⎯ Hybrid Systems (extra):
o Hybrid systems may involve a combination of executive, legislative, and
judicial involvement in the appointment process.
o The specific procedures and criteria for appointments can vary widely
across different countries and legal systems.
o The methods of appointments can have implications for the
independence, accountability, and diversity of the judiciary.
⎯ It is important to strike a balance between judicial independence and ensuring
transparency and accountability in the appointment process.
⎯ The methods of appointments are subject to scrutiny and debate in many
jurisdictions, with ongoing discussions on potential reforms.
⎯ Ultimately, the objective of the appointment process is to select qualified and
impartial judges who can uphold the rule of law and administer justice.

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3.2.3. Election by the People, Election by the Legislature, Nomination by the Executive.

⎯ Election by the People:

o It refers to the process of selecting representatives through direct voting
by the citizens.
o It is a key feature of democratic systems, where the people have the
power to choose their representatives.
o In this method, candidates contest elections, and voters cast their ballots
to determine the winners.
o Election by the people provides a direct link between the citizens and
their elected representatives.
o It is often seen as a way to ensure the legitimacy and accountability of
elected officials.
o In India, members of the Lok Sabha (House of the People) are elected
through a general election held every five years.
o Voters from different constituencies across the country participate in the
electoral process to choose their representatives.
⎯ Election by the Legislature:
o It involves the selection of individuals for specific positions or offices
by members of the legislative body.
o The legislature, composed of elected representatives, holds the authority
to elect certain officials.
o This method is commonly used for selecting the President, Vice
President, or members of the Upper House.
o In India, the President and Vice President are elected by an electoral
college comprising elected representatives from the Parliament (both
Lok Sabha and Rajya Sabha) and state legislative assemblies.
⎯ Nomination by the Executive:
o It refers to the appointment of individuals to specific positions or offices
by the executive branch of the government.
o The executive, led by the head of state or government, has the authority
to nominate individuals for certain positions.
o This method is often used for appointing judges, executive officials, and
members of various commissions or advisory bodies.

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 o In India, judges of the Supreme Court and high courts are nominated by
the President based on the recommendations of the collegium system (a
group of senior judges).
⎯ Election by the people promotes direct representation and democratic
participation, but it can be time-consuming and costly.
⎯ Election by the legislature allows for the involvement of elected representatives
in the selection process but may be prone to political influence.
⎯ Nomination by the executive can ensure expertise and experience but may raise
concerns about lack of transparency and accountability.
⎯ In India, a combination of these methods is employed, depending on the position
and the constitutional provisions.

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3.2.4. Importance of Independence of Judiciary- Measures to ensure Independence of
Judiciary

⎯ Importance of Independence of Judiciary:

o Independence of the judiciary is crucial for upholding the rule of law,
protecting individual rights, and ensuring a fair and impartial justice
system.
o It prevents the concentration of power, checks against abuses of
authority, and maintains a system of checks and balances.
o Judicial independence allows judges to decide cases based on the merits
of the law and evidence, free from external pressures or influences.
o It instils public confidence in the judiciary, as an independent judiciary
is seen as fair, impartial, and capable of delivering justice.
o Judicial independence protects the judiciary from political interference,
ensuring that it can act as a check on the executive and legislative
branches.
o It safeguards the separation of powers, preventing encroachments on the
judiciary's authority and preserving the integrity of the legal system.
o An independent judiciary contributes to the stability and continuity of
the legal system, ensuring consistent interpretation and application of
the law.
o It safeguards the rights and liberties of individuals and provides a forum
for redressal of grievances and protection against arbitrary actions.
o Judicial independence fosters public confidence in the legal system,
encouraging the peaceful resolution of disputes and upholding the
principles of democracy.
o An independent judiciary acts as a bulwark against corruption and
ensures accountability within the justice system.
o It promotes transparency and accountability by providing a forum for
the scrutiny of government actions and upholding constitutional
principles.
o Judicial independence is essential for protecting the rights of
marginalized and vulnerable sections of society, ensuring equal access
to justice.

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 o It contributes to the development of jurisprudence and the evolution of
the law, responding to societal changes and addressing new legal
challenges.
o Judicial independence also facilitates international cooperation and
engagement, as it enhances the credibility and reliability of the judicial
system.
⎯ Measures to Ensure Independence of Judiciary:
o Ensuring that judges have secure and independent terms of office,
protecting them from arbitrary removal or transfers.
o Establishing transparent and merit-based processes for the appointment
of judges, free from political interference.
o Providing continuous training and education to judges to enhance their
professional competence and independence.
o Ensuring adequate budgetary allocation to the judiciary and providing
financial independence to safeguard against external influence.
o Establishing a code of ethics and professional conduct for judges to
maintain high standards of integrity and impartiality.
o Safeguarding the judiciary's authority and ensuring it is not
compromised by other branches of government.
o Granting the judiciary the power of judicial review to review the
constitutionality and legality of laws and executive actions.
o Allowing the judiciary to regulate its internal affairs, including the
allocation of cases and administrative matters.
o Facilitating public access to judicial proceedings, promoting
transparency, and providing mechanisms for addressing judicial
misconduct.
o Embracing international standards and best practices to reinforce the
independence and integrity of the judiciary.

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3.2.5. Rule of Law and Judicial Review, Judicial Review in India and the USA - a
comparative study

⎯ Rule of Law:
o The rule of law is a fundamental principle that emphasizes the
supremacy of the law and the equality of all individuals before the law.
o It ensures that laws are clear, predictable, and applied consistently to all
members of society, regardless of their status or influence.
o The rule of law protects individual rights, promotes justice, and provides
a framework for peaceful resolution of disputes.
o It establishes the foundation for democratic governance, limiting the
exercise of power and promoting accountability.
o The rule of law requires an independent and impartial judiciary to
interpret and apply the law.
⎯ Judicial Review:
o Judicial review is the power of the judiciary to review the
constitutionality and legality of laws and government actions.
o It allows the judiciary to declare laws or executive actions
unconstitutional if they violate the provisions of the constitution.
o Judicial review ensures that laws and government actions are consistent
with constitutional principles and protect individual rights.
o It serves as a check on the other branches of government, preventing the
abuse of power and preserving the separation of powers.
o Judicial review is a critical component of upholding the rule of law and
maintaining the balance between the branches of government.
⎯ Judicial Review in India:
o In India, the power of judicial review is vested in the Supreme Court and
high courts under the articles:
▪ Article 13: Declares that any law contradicting Fundamental
Rights is void.
▪ Articles 32 and 226: Entrusts Supreme and High Courts with the
role of protecting and guaranteeing fundamental rights.
▪ Articles 131-136: Court adjudicates disputes between
individuals, individuals and state, and states and the union.

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 Supreme Court's interpretation becomes law followed by all
courts.
▪ Article 137: Supreme Court has the power to review and set
aside its own judgments or orders.
▪ Article 251 and 254: State laws are void if inconsistent with
union laws.
▪ Article 246 (3): Grants exclusive powers to state legislatures on
matters in the State List.
▪ Article 245: Powers of Parliament and State legislatures are
subject to the constitution.
▪ Article 372(1): Establishes judicial review of pre-constitution
legislation.
o The Supreme Court of India has the authority to strike down laws,
government actions, or provisions of laws that are inconsistent with the
Constitution.
o Judicial review in India is based on the doctrine of basic structure, which
holds that certain fundamental features of the Constitution cannot be
amended or altered. The Kesavananda Bharati v. State of Kerala (1973)
case established the basic structure doctrine and affirmed the power of
judicial review in India.
⎯ Judicial Review in the USA:
o In the United States, the power of judicial review is derived from the
landmark case of Marbury v. Madison (1803).
o The Supreme Court of the United States has the authority to declare acts
of Congress and executive actions unconstitutional.
o The power of judicial review in the USA is not explicitly mentioned in
the Constitution but is an implied power derived from the Constitution's
structure.
o The Supreme Court has played a significant role in shaping American
society and protecting civil liberties through its power of judicial review.
o Examples of judicial review in the USA include landmark cases such as
Brown v. Board of Education (1954) and Roe v. Wade (1973).

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3.2.6. Basic Structure Case (Specified) Parliamentary Power to amend the Constitution
and Fundamental Rights | Four Landmark cases – AK Goplan, Shankari Prasad, Sajjan
Singh, Golakath and Keshavananda Bharati – Main Features.

⎯ Basic Structure Case:

o The Basic Structure case refers to the landmark judgment in
Kesavananda Bharati v. State of Kerala (1973) by the Supreme Court of
India.
o The Supreme Court held that the Parliament has the power to amend the
Constitution, but this power is not absolute.
o The court ruled that the Parliament cannot alter or destroy the basic
structure or essential features of the Constitution.
o The judgment established the doctrine of the basic structure, which
safeguards certain fundamental features of the Constitution from being
amended or altered.
⎯ Parliamentary Power to Amend the Constitution:
o The Parliament of India has the power to amend the Constitution under
Article 368.
o The amending power allows the Parliament to modify or revise various
provisions of the Constitution which is subjected to certain limitations,
as established by the Basic Structure case.
⎯ Fundamental Rights:
o Fundamental rights are a set of individual rights and liberties guaranteed
by the Constitution of India.
o They are enshrined in Part III (Articles 12-35) of the Constitution.
o The Supreme Court has the power of judicial review to ensure that
fundamental rights are upheld and protected.
⎯ Landmark Cases (further reading is needed):
o A.K. Gopalan v. State of Madras (1950 AIR 27):
▪ The case dealt with the constitutionality of preventive detention
laws under Article 21 of the Constitution.
▪ The Supreme Court upheld the validity of preventive detention
laws and adopted a narrow interpretation of fundamental rights.

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 ▪ It held that each article of the Constitution should be interpreted
independently, without considering their interrelationship.
▪ The court ruled that the right to personal liberty under Article 21
could be restricted under reasonable grounds of preventive
detention.
o Shankari Prasad Singh Deo v. Union of India (1951 AIR 458)
▪ This case involved the validity of the First Amendment Act,
which allowed the Parliament to amend fundamental rights.
▪ The Supreme Court upheld the constitutionality of the
amendment and ruled that fundamental rights could be amended
under Article 368.
▪ The court held that there were no implied limitations on the
amending power of the Parliament and that it could amend any
part of the Constitution.
o Sajjan Singh v. State of Rajasthan (1965 AIR 845)
▪ This case reaffirmed the decision in the Shankari Prasad case and
further confirmed the power of the Parliament to amend
fundamental rights.
▪ The Supreme Court held that the Parliament had the authority to
amend any provision of the Constitution, including fundamental
rights.
▪ It reiterated that there were no implied limitations on the
amending power of the Parliament under Article 368.
o I.C. Golak Nath v. State of Punjab (1967 AIR 1643)
▪ In this case, the Supreme Court overruled the decisions in the
Shankari Prasad and Sajjan Singh cases.
▪ The court held that the Parliament did not have the power to
amend fundamental rights as they were considered to be
inviolable and beyond the amending power of the Parliament.
▪ It stated that the amending power of the Parliament under Article
368 did not extend to altering or abridging fundamental rights.
o Kesavananda Bharati Sripadagalvaru v. State of Kerala (1973 AIR 1461)
▪ This case is widely regarded as one of the most important cases
in Indian constitutional history.
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▪ The Supreme Court, through this judgment, introduced the
doctrine of basic structure.
▪ It held that while the Parliament had the power to amend the
Constitution, it could not alter or destroy its basic structure.
▪ The court ruled that the basic structure doctrine encompasses
certain fundamental features of the Constitution that cannot be
amended.
▪ The decision in this case provided a significant safeguard to
protect the fundamental rights and the integrity of the
Constitution.

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3.3 Parliamentary Sovereignty

3.3.1. Meaning and Nature of Parliamentary Sovereignty

⎯ Parliamentary sovereignty refers to the supreme legislative authority vested in

the parliament.
⎯ It is a key principle of constitutional law that establishes the supremacy of the
parliament in making, amending, and repealing laws.
⎯ Under parliamentary sovereignty, the parliament has the power to enact laws on
any subject matter within its legislative competence.
⎯ The doctrine originated in the United Kingdom and is closely associated with
the concept of the sovereignty of the Crown-in-Parliament.
⎯ Characteristics/nature of Parliamentary Sovereignty:
o Parliament has the ultimate authority to make and change laws, subject
to constitutional limitations.
o The parliament has the power to legislate on matters within its
legislative jurisdiction.
o Acts of parliament are immune from judicial review and cannot be
invalidated by the courts.
o Parliament can enact laws to respond to changing social, economic, and
political conditions.
o Parliament can amend the constitution and other laws, subject to
constitutional provisions.
o Parliament can delegate its legislative powers to subordinate authorities
to make rules and regulations.
o Members of parliament are accountable to the electorate for their
legislative decisions.

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3.3.2. Parliamentary Sovereignty in India and its Limitations.

⎯ Parliamentary Sovereignty in India:

o Parliamentary sovereignty in India refers to the supreme legislative
authority vested in the Indian Parliament.
o It is derived from Article 245 of the Constitution, which grants the
parliament the power to make laws for the whole or any part of the
country.
o The Indian Parliament consists of the President and two houses: the Lok
Sabha (House of the People) and the Rajya Sabha (Council of States).
o The parliament has the authority to enact, amend, and repeal laws on a
wide range of subjects within its legislative competence.
o Parliament exercises legislative authority over matters specified in the
Union List, Concurrent List, and residuary powers.
o The legislative process involves the introduction, discussion, and voting
on bills, which, when passed, become acts of parliament.
⎯ Limitations on Parliamentary Sovereignty:
o Parliamentary sovereignty in India is subject to constitutional
limitations.
o Parliament cannot pass laws that violate the fundamental rights
guaranteed under Part III of the Constitution.
o While acts of parliament generally enjoy immunity from judicial review,
the courts can review legislative actions for their constitutionality and
adherence to fundamental rights.
o The doctrine of basic structure, established by the Supreme Court, limits
parliamentary sovereignty by protecting essential features of the
Constitution that cannot be amended.
o In a federal system, parliamentary sovereignty must coexist with the
distribution of powers between the central government and state
governments.
o State legislatures in India also possess legislative powers within their
respective domains, subject to the limitations prescribed by the
Constitution.

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o Parliament is bound by India's international obligations and cannot pass
laws that violate international treaties or conventions.
o Members of parliament are accountable to the electorate for their
legislative decisions and actions.

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3.3.3. Parliamentary Sovereignty in the United Kingdom and Contemporary
Challenges.

⎯ Parliamentary sovereignty in the United Kingdom refers to the principle that the
Parliament is the supreme legislative authority.
⎯ It is based on the idea that Parliament has the power to make, amend, and repeal
laws without any legal constraints.
⎯ The doctrine of parliamentary sovereignty is not explicitly stated in a single
legal document but is derived from constitutional conventions and court rulings.
⎯ The UK Parliament consists of two houses: the House of Commons and the
House of Lords.
⎯ Acts of Parliament, also known as statutes, are the highest form of law in the
UK and can override other legal sources, including common law and previous
statutes.
⎯ Parliamentary sovereignty allows the Parliament to enact laws on any subject
matter, amend or repeal existing laws, and determine the structure and
functioning of the government.
⎯ Contemporary Challenges to Parliamentary Sovereignty:
o The UK's membership in the European Union (EU) posed a challenge
to parliamentary sovereignty, as EU laws and regulations had
precedence over UK laws in certain areas.
o The enactment of European Communities Act 1972 incorporated EU
law into UK law and allowed EU regulations to take precedence over
conflicting domestic laws, limiting parliamentary sovereignty to some
extent.
o The transfer of certain legislative powers to devolved bodies in
Scotland, Wales, and Northern Ireland has resulted in a partial erosion
of parliamentary sovereignty, as these bodies can make laws in their
respective domains.
o The incorporation of the European Convention on Human Rights into
UK law through Human Rights Act 1998 restricted the absolute
authority of Parliament by subjecting legislation to compatibility with
human rights.

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o The power of the courts to review the legality and constitutionality of
acts of Parliament introduces a potential challenge to parliamentary
sovereignty, as the courts can strike down legislation that is inconsistent
with higher legal principles or constitutional rights.
o The increasing use of referendums on significant constitutional matters,
such as the Brexit referendum, raises questions about the extent to which
parliamentary decisions should be bound by the results of such popular
votes.
o The UK's participation in international bodies and agreements, such as
the United Nations and trade organizations, may require adherence to
international laws and regulations that limit the scope of parliamentary
sovereignty.
o The potential for courts to adopt a more proactive role in reviewing
legislation and scrutinizing government actions challenges the
traditional concept of absolute parliamentary authority.
o An example of the challenge to parliamentary sovereignty is the case of
Miller v. Secretary of State for Exiting the European Union (2017),
where the UK Supreme Court ruled that triggering Article 50 to begin
the process of leaving the EU required an Act of Parliament.

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MODULE 4: Representation

4.1 Concept of Representation

4.1.1. Role of the Representative

⎯ Representatives play a crucial role in democratic systems, acting as

intermediaries between the people and the government. They are elected by the
citizens to represent their interests and make decisions on their behalf.
⎯ The primary role of a representative is to represent the constituents and advocate
for their interests, needs, and concerns. They act as a voice for the people they
represent and work towards addressing their issues and advancing their rights.
⎯ Representatives participate in the legislative process, where they debate and
vote on proposed laws and policies. They play a key role in shaping legislation
and ensuring that it aligns with the needs and values of their constituents.
⎯ Representatives are responsible for staying informed about the issues and
policies relevant to their constituents. They conduct research, attend meetings
and hearings, and engage with experts and stakeholders to gather information
and make informed decisions.
⎯ Representatives serve as a link between the government and the people. They
communicate government initiatives, policies, and decisions to the public, and
also relay the concerns and feedback of their constituents to the government.
⎯ Representatives engage in constituent services, assisting individuals with issues
related to government services, benefits, and programs. They help navigate
bureaucracy, provide information, and advocate on behalf of their constituents
to resolve problems.
⎯ Representatives engage in public outreach and education, raising awareness
about important issues, organizing town hall meetings, and encouraging public
participation in the political process. They foster dialogue and facilitate
democratic engagement.
⎯ Representatives are accountable to their constituents and are subject to regular
elections. They are expected to maintain regular communication with their
constituents, seek their input, and be responsive to their concerns and feedback.

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⎯ Representatives also play a role in the oversight of the government. They
scrutinize the actions of the executive branch, hold the government accountable
for its decisions, and ensure transparency and accountability in governance.
⎯ Representatives may belong to political parties and work collectively with other
representatives from the same party to advance a common agenda. They
collaborate, negotiate, and build coalitions to achieve their policy goals.
⎯ Representatives may also serve on committees and participate in the committee
process, where they specialize in specific policy areas and contribute their
expertise to the legislative process.
⎯ The role of a representative is not limited to national legislatures.
Representatives can also be found at the state, regional, and local levels, where
they perform similar functions of representing and advocating for the interests
of their constituents.
⎯ Examples of representatives include members of parliament, congresspersons,
senators, councillors, and mayors, among others. They can be elected through
various electoral systems, such as direct elections, proportional representation,
or electoral colleges.
⎯ The role of a representative requires effective communication, negotiation,
problem-solving, and leadership skills. They must possess a deep understanding
of the political process, policy issues, and the needs of their constituents.
⎯ Ultimately, the role of a representative is crucial in ensuring democratic
governance, promoting citizen participation, and safeguarding the interests of
the people they represent.

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4.1.2. Universal Adult Suffrage

⎯ Universal adult suffrage is a principle that grants the right to vote to all adult
citizens, regardless of their gender, race, socioeconomic status, or other
discriminatory factors. It ensures that every eligible adult has an equal
opportunity to participate in the democratic process.
⎯ The concept of universal adult suffrage is rooted in the idea of political equality
and the belief that all individuals should have a say in the governance of their
society. It is a fundamental principle of democratic systems, where the power to
choose representatives and influence decision-making is vested in the people.
⎯ Universal adult suffrage promotes inclusivity and equal representation in the
political system. It recognizes that every citizen, regardless of their background
or characteristics, has a stake in shaping the policies and direction of their
country.
⎯ The implementation of universal adult suffrage has been a gradual process
throughout history. In many countries, the right to vote was initially restricted
to a privileged few, such as property-owning males or certain racial or social
groups. Over time, these exclusions have been dismantled through social
movements and legal reforms.
⎯ Universal adult suffrage has been achieved through various milestones and
reforms. For example, the women's suffrage movement fought for and won the
right to vote for women in many countries during the 19th and 20th centuries.
The civil rights movement in the United States led to the Voting Rights Act of
1965, which removed discriminatory barriers to voting based on race.
⎯ The principle of universal adult suffrage has been enshrined in international
human rights instruments. Article 21 of the Universal Declaration of Human
Rights recognizes the right to participate in the government of one's country
through free and fair elections.
⎯ Universal adult suffrage enhances the legitimacy of democratic governments. It
ensures that representatives are elected by a broad and diverse electorate,
reflecting the will and preferences of the population as a whole.
⎯ By granting all adults the right to vote, universal adult suffrage encourages
political participation and engagement. It empowers individuals to have a voice
in public affairs, express their opinions, and hold elected officials accountable.

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⎯ Universal adult suffrage contributes to the principle of majority rule. It allows
for the aggregation of diverse interests and preferences, leading to the selection
of representatives who are more representative of the overall population.
⎯ Universal adult suffrage also promotes social cohesion and inclusiveness. It
helps to overcome divisions and promote a sense of collective responsibility and
shared citizenship among all members of society.
⎯ While universal adult suffrage is a democratic ideal, challenges and obstacles to
its full realization still exist. These may include voter suppression,
disenfranchisement, discriminatory voter identification laws, or barriers to
political participation faced by marginalized or vulnerable groups.
⎯ Examples of countries that have implemented universal adult suffrage include
many modern democracies such as the India, United States, United Kingdom,
Canada, Australia, France, Germany, and many others.
⎯ Universal adult suffrage is not limited to national elections but also applies to
other levels of governance, such as regional or local elections.
⎯ The achievement of universal adult suffrage is an ongoing process, with
continued efforts needed to ensure that all citizens can exercise their right to
vote freely and without discrimination.
⎯ Universal adult suffrage is a cornerstone of democratic governance, providing
a mechanism for individuals to express their will, shape public policy, and
participate in the collective decision-making processes of their society.

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4.1.3. Women Enfranchisement- Arguments for and against- Fight for Women Suffrage
in USA

⎯ Arguments for Women's Enfranchisement:

o Equality: Supporters of women's suffrage argue that women should have
the same political rights as men, as they are equal citizens who deserve
equal opportunities to participate in the democratic process.
o Representation: Granting women the right to vote ensures that their
voices and interests are represented in the political decision-making
process. Women's perspectives and concerns should be included in
policy formulation and implementation.
o Social Progress: Supporters believe that women's enfranchisement is
crucial for social progress and the advancement of gender equality. By
participating in politics, women can advocate for reforms and policies
that address issues such as women's rights, education, healthcare, and
gender-based discrimination.
o Political Education: Women's suffrage advocates argue that participating
in elections and engaging in political discussions fosters political
education and civic awareness among women. It empowers them to
become informed and active citizens.
o Democracy: Extending the right to vote to women aligns with
democratic principles of inclusivity, pluralism, and equal representation.
It strengthens the democratic fabric of society by ensuring that all
eligible citizens have a say in choosing their representatives and shaping
public policy.
⎯ Arguments against Women's Enfranchisement:
o Biological and Social Roles: Opponents of women's suffrage argue that
women's primary roles are in the domestic sphere, and they lack the
necessary qualifications or understanding of political affairs. They
believe that women's participation in politics could disrupt traditional
gender roles and family structures.
o Men's Representation: Some opponents suggest that men adequately
represent women's interests in the political arena and that women's

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 specific concerns can be addressed through indirect influence on male
family members who already have the right to vote.
o Stability of Society: Critics of women's suffrage claim that granting
women the right to vote may lead to social upheaval, destabilize the
established order, and challenge traditional values and hierarchies.
o Concerns about Competence: Opponents argue that women are less
capable than men in making informed political decisions. They raise
concerns about emotional decision-making, susceptibility to
manipulation, or lack of political knowledge.
⎯ Fight for Women Suffrage in the USA:
o Seneca Falls Convention: The women's suffrage movement in the
United States gained momentum in the mid-19th century. The Seneca
Falls Convention held in 1848 in New York marked a significant
milestone, where women's rights activists, including Elizabeth Cady
Stanton and Lucretia Mott, advocated for women's suffrage.
o Suffrage Associations: Various suffrage associations were formed, such
as the National Woman Suffrage Association (NWSA) and the American
Woman Suffrage Association (AWSA). These organizations
campaigned for women's right to vote through public speeches,
publications, and lobbying efforts.
o Susan B. Anthony and Elizabeth Cady Stanton: Susan B. Anthony and
Elizabeth Cady Stanton were prominent leaders in the women's suffrage
movement. They tirelessly advocated for women's enfranchisement and
played significant roles in organizing conventions, drafting petitions,
and lobbying for women's voting rights.
o Suffrage Amendments: The fight for women's suffrage culminated in the
ratification of the 19th Amendment to the U.S. Constitution in 1920,
which granted women the right to vote. This was the result of decades
of activism, lobbying, and public pressure from suffragists across the
country.
o Women's Suffrage Process: The process of achieving women's suffrage
involved a combination of grassroots activism, legal challenges, and
political strategies. Suffragists organized rallies, marches, and protests,
engaged in civil disobedience.
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o Civil Disobedience: Suffragists engaged in acts of civil disobedience,
such as picketing, hunger strikes, and peaceful protests, to draw
attention to their cause and demand action on women's suffrage.
o State-by-State Campaigns: Prior to the ratification of the 19th
Amendment, several states granted women the right to vote. Suffragists
focused on state-level campaigns, successfully securing voting rights for
women in states like Wyoming, Colorado, and California before the
national amendment was passed.
o Influential Figures: Other influential figures in the fight for women's
suffrage in the USA included Alice Paul, Lucy Stone, Sojourner Truth,
and Carrie Chapman Catt. These leaders mobilized support, organized
events, and worked towards achieving women's right to vote.
o Progressive Era Reforms: The women's suffrage movement was closely
tied to broader social and political reforms of the Progressive Era. The
campaign for suffrage gained momentum as part of a larger push for
social justice, labour rights, and democratic reforms.
o Enduring Legacy: The fight for women's suffrage in the USA left a
lasting impact on women's rights and democratic participation. It paved
the way for subsequent advancements in gender equality, increased
women's political representation, and inspired similar movements
globally.
o Ongoing Challenges: While the suffrage movement secured the right to
vote for women, challenges to full gender equality persist. Issues such
as unequal representation, gender biases, and voter suppression efforts
remind us of the continued need to protect and promote women's
political rights.
o Intersectionality: The fight for women's suffrage in the USA was not
equally experienced by all women. Women of colour faced additional
barriers and discrimination, and their fight for suffrage often intersected
with broader struggles for racial equality and social justice.
o Symbol of Democracy: The achievement of women's suffrage in the
USA symbolizes the progress and ideals of democracy. It represents a
more inclusive and representative political system that recognizes and
values the voices and contributions of women.
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o Continuing Struggle: While significant progress has been made, the
fight for women's rights and gender equality continues. Women's
suffrage serves as a reminder of the ongoing struggle for full political
empowerment, equal representation, and the elimination of gender-
based discrimination.

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4.1.4. Challenges to Women Representation in India.
⎯ Patriarchal Society: Indian society is deeply rooted in patriarchal norms and
values, which often limit women's participation in politics and decision-making
processes. Cultural beliefs and traditional gender roles assign women primarily
to domestic responsibilities, hindering their active engagement in politics.
⎯ Limited Access to Education: Unequal access to quality education remains a
significant challenge for women in India. Lack of education restricts their ability
to acquire the necessary skills, knowledge, and confidence to participate in
political activities and pursue political careers.
⎯ Socio-economic Barriers: Women in India face various socioeconomic barriers
that impede their political representation. Factors such as poverty, limited
financial resources, and unequal access to resources and opportunities create
disparities in women's political participation.
⎯ Violence and Discrimination: Women in India often face violence, harassment,
and discrimination based on their gender. These challenges discourage women
from entering politics or pursuing leadership positions, fearing reprisal and
social backlash.
⎯ Male-Dominated Political Parties: Political parties in India are predominantly
male-dominated, which makes it challenging for women to access positions of
power and influence within the party structures. Limited representation within
parties translates into limited opportunities for women to contest elections and
hold significant political roles.
⎯ Cultural Stereotypes and Bias: Deep-seated cultural stereotypes and biases
about women's capabilities and roles hinder their political representation.
Women are often perceived as lacking leadership qualities, and their decisions
and actions may face greater scrutiny compared to their male counterparts.
⎯ Lack of Supportive Policies: Inadequate implementation of gender-sensitive
policies and affirmative action measures further hampers women's
representation in India. The absence of supportive frameworks and policies fails
to address the specific barriers and challenges faced by women in politics.
⎯ Electoral Challenges: Women in India face specific electoral challenges,
including limited financial resources, lower campaign support, and voter biases.

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 Factors like caste, religion, and other social identities may overshadow women's
qualifications and ideas during elections.
⎯ Intersectionality: Women from marginalized and disadvantaged communities,
such as Dalit women, tribal women, and women from religious minority groups,
face compounded challenges in political representation due to intersecting
forms of discrimination and social exclusion.
⎯ Lack of Role Models and Mentoring: Limited visibility of women in political
leadership roles creates a lack of role models and mentors for aspiring women
politicians. The absence of female political icons and mentors hinders the
motivation and inspiration for women to pursue political careers.
⎯ Need for Women-Friendly Policies: To address the challenges to women's
representation, India requires comprehensive and targeted policies that promote
women's political participation, provide equal opportunities, and address the
structural barriers and biases in the political landscape.
⎯ Grassroots Empowerment: Empowering women at the grassroots level, such as
in local governance institutions like Panchayats, can be a stepping stone to
increased political representation. Building capacities and promoting women's
leadership at the local level can have a cascading effect on higher levels of
political participation.
⎯ Awareness and Sensitization: Creating awareness about the importance of
women's political representation and sensitizing society about gender equality
issues is crucial. Educational campaigns, community dialogues, and media
initiatives can contribute to changing societal perceptions and attitudes towards
women in politics.
⎯ Collaborative Efforts: Addressing the challenges to women's representation
requires collaborative efforts among various stakeholders, including
government bodies, political parties, civil society organizations, and women's
rights advocates. Cooperation and coordination among these entities can lead to
comprehensive strategies and actions.
⎯ International Commitments: India is a signatory to various international
conventions and agreements promoting gender equality and women's rights,
such as the Convention on the Elimination of All Forms of Discrimination
Against Women (CEDAW). Upholding these commitments and integrating

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 them into national policies can help address the challenges to women's
representation.
⎯ Capacity Building and Leadership Development: Providing training programs
and capacity-building initiatives specifically tailored for women in politics can
enhance their skills, knowledge, and confidence. Leadership development
programs can equip women with the necessary tools to navigate political
landscapes and effectively engage in decision-making processes.
⎯ Supportive Networks and Coalitions: Creating networks and coalitions of
women politicians and activists can offer mutual support, mentorship, and a
platform for sharing experiences and strategies. These networks can amplify
women's voices, advocate for their rights and interests, and foster a sense of
solidarity and collective action.
⎯ Encouraging Political Parties to Promote Gender Equality: Political parties play
a vital role in shaping the political landscape. Encouraging parties to adopt
internal party reforms that promote gender equality, such as reserving a certain
percentage of party tickets for women candidates, can significantly increase
women's representation.
⎯ Reservation of Seats: Implementing reservation policies, such as reserving a
certain percentage of seats for women in legislative bodies, can directly address
the underrepresentation of women. Reservations can provide women with
opportunities to participate in decision-making processes and bring diverse
perspectives to policymaking.
⎯ Engaging Men as Allies: Engaging men as allies in the fight for women's
representation is essential. Promoting gender sensitization programs and
engaging men in discussions and initiatives that challenge patriarchal norms and
promote gender equality can help create a more inclusive and supportive
environment for women in politics.
⎯ Strengthening Legal Frameworks: Strengthening and effectively implementing
laws and policies that promote gender equality and protect women's rights in
politics is crucial. This includes legislation against gender-based violence,
harassment, and discrimination, as well as measures to ensure equal
opportunities and access to resources for women in politics.

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⎯ Media Representation and Narratives: Encouraging media representation that
portrays women politicians positively and showcases their achievements and
contributions can challenge stereotypes and biases. Promoting narratives that
highlight the importance of women's political participation and their ability to
bring about meaningful change can inspire more women to enter politics.
⎯ Engaging Youth: Engaging young women and men in political processes and
providing platforms for their active participation can foster a culture of
inclusivity and pave the way for increased women's representation in the future.
Encouraging youth-led initiatives and creating spaces for dialogue and
collaboration can harness the energy and perspectives of the younger
generation.
⎯ Monitoring and Evaluation: Establishing mechanisms to monitor and evaluate
progress in women's political representation is crucial. Regular assessment of
policies, initiatives, and outcomes can identify gaps and areas for improvement,
allowing for informed decision-making and strategic interventions.
⎯ International Cooperation: Exchanging best practices, experiences, and
knowledge with other countries and international organizations can provide
valuable insights and support in addressing the challenges to women's
representation. Engaging in international forums and collaborations can
contribute to the exchange of ideas and strategies for promoting gender equality
in politics.
⎯ Continued Advocacy and Persistence: Achieving gender equality in political
representation requires persistent advocacy and collective action. Continued
efforts by civil society organizations, women's rights groups, and activists to
raise awareness, mobilize support, and push for policy reforms are essential to
overcome the challenges and achieve meaningful progress.

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4.2 Bases of Representation

4.2.1 Territorial Representation- Single Member Constituency and Multi Member

Constituency

⎯ Single Member Constituency:

o In single member constituency systems, each geographic area or
constituency elects a single representative to a legislative body.
o Voters in each constituency cast their votes for a single candidate, and
the candidate who receives the highest number of votes wins the election
and represents that constituency.
o Single member constituency systems are commonly used in countries
like the United States, the United Kingdom, and Canada.
o This system emphasizes local representation and allows constituents to
have a direct connection with their elected representative.
o It ensures that each constituency has its own dedicated representative
who is accountable to the local electorate.
o However, it can also lead to a winner-takes-all scenario, where
candidates who receive a plurality of votes win the election, potentially
leaving a significant portion of voters unrepresented.
⎯ Multi Member Constituency:
o In multi member constituency systems, each geographic area or
constituency elects multiple representatives to a legislative body.
o Voters in each constituency have multiple votes, typically equal to the
number of representatives to be elected, and can allocate their votes to
different candidates.
o The seats are distributed among candidates based on their share of the
votes, using various methods such as proportional representation or
party-list systems.
o Multi member constituency systems are used in countries like Germany,
Netherlands, and New Zealand.
o This system promotes proportional representation, ensuring that parties
or candidates receive seats in proportion to their share of the votes.
o It allows for greater diversity of representation, accommodating the
interests and preferences of various segments of the population.

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 o However, it can also be complex and may require larger constituencies,
potentially reducing the direct connection between constituents and their
representatives.
⎯ Examples:
o In the United States, the House of Representatives is composed of single
member constituencies, with each state being divided into separate
districts that elect a single representative.
o In Germany, the Bundestag uses a mixed-member proportional
representation system, combining single member constituencies with
party-list proportional representation to ensure both local representation
and proportionality.
o In New Zealand, the Parliament uses a mixed-member proportional
representation system, where voters cast two votes: one for a local
representative in a single member constituency and another for a
political party to determine the overall proportionality of seats.
⎯ Advantages of Single Member Constituency:
o Ensures direct representation of local interests and concerns.
o Provides a clear link between constituents and their elected
representative.
o Facilitates accountability of representatives to their specific
constituencies.
⎯ Advantages of Multi Member Constituency:
o Promotes proportional representation, allowing for a diverse range of
voices and perspectives to be represented.
o Reduces the potential for wasted votes and ensures that parties or
candidates receive seats in proportion to their share of the votes.
o Provides opportunities for greater cooperation and consensus-building
among representatives from different parties or ideological
backgrounds.
⎯ Disadvantages of Single Member Constituency:
o May lead to winner-takes-all outcomes, where candidates with a
plurality of votes win the election, potentially leaving a significant
portion of voters unrepresented.

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 o May result in gerrymandering, where constituency boundaries are
manipulated to favour certain parties or candidates.
⎯ Disadvantages of Multi Member Constituency:
o Can be complex and require larger constituencies, potentially reducing
the direct connection between constituents and their representatives.
o May lead to the dominance of major parties or party lists, limiting the
representation of smaller parties or independent candidates.

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4.2.2 Functional Representation and its difficulties
⎯ Functional representation is a form of representation where individuals or
groups are represented based on their specific functions or interests rather than
geographical location.
⎯ It aims to ensure that various functional groups, such as professional
associations, labour unions, or interest groups, have a direct role in the political
decision-making process.
⎯ Functional representation can be implemented through mechanisms like
corporatism or interest group pluralism.

Difficulties of Functional Representation:

⎯ Identifying and defining functional groups:

o The first challenge is to identify and define the functional groups

that should be represented. This can be complex and subjective, as
there are numerous functional interests in society, and determining
their representation may be contentious.

⎯ Representation imbalance:

o It can be difficult to achieve a balanced representation of different

functional groups. Some groups may be more organized, influential,
or well-funded, giving them a disproportionate voice in the political
process. This can lead to the dominance of certain interests over
others.

⎯ Lack of accountability:

o Functional representation may weaken the direct link between

representatives and their constituents. Instead of being accountable
to a specific geographical constituency, representatives may
prioritize the interests of their functional group, potentially
neglecting the broader public interest.

⎯ Fragmentation and polarization:

o Functional representation may result in fragmented decision-making

and polarization, as representatives advocate primarily for the

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 interests of their respective functional groups. This can hinder
consensus-building and the pursuit of the common good.

⎯ Potential for capture by vested interests:

o Functional representation runs the risk of being captured by

powerful interest groups, who may exert undue influence over the
decision-making process. This can undermine the democratic
principle of equal representation and lead to policy outcomes that
favour specific groups at the expense of others.

⎯ Limited inclusivity:

o Functional representation may exclude individuals or groups who do

not belong to or identify with specific functional categories. This can
lead to the underrepresentation of marginalized or less organized
segments of society, perpetuating inequalities in political
participation.

Examples:

o In some countries, professional associations, such as bar associations

or medical associations, have their representatives in legislative
bodies, ensuring the representation of their specific professional
interests.

o Interest group pluralism, commonly seen in liberal democracies,

allows various interest groups, such as environmental organizations
or trade unions, to advocate for their specific concerns through
lobbying and advocacy efforts.

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4.2.3 Minority Representation
⎯ Importance of minority representation:

o Ensures the inclusion of diverse perspectives and voices in the

political process.

o Protects the rights and interests of marginalized and

underrepresented minority groups.

o Fosters social cohesion, equality, and democratic governance.

⎯ Constitutional provisions:

o Many countries have constitutional provisions that recognize and

protect the rights of minority groups.

o Examples include the United States' 14th Amendment, which

guarantees equal protection under the law, and India's Article 15,
which prohibits discrimination on grounds of religion, race, caste,
sex, or place of birth.

o Article 29 and Article 30 guarantee the rights of minorities to

conserve their language, script, and culture, and to establish and
administer educational institutions of their choice.

⎯ Affirmative action and quota systems:

o Some countries employ affirmative action policies and quota

systems to ensure minority representation in legislative bodies.

o For instance, South Africa's post-apartheid Constitution includes

proportional representation for various ethnic groups, ensuring their
presence in the Parliament.

⎯ Reserved seats:

o Reserved seats are allocated exclusively for minority communities

in legislative bodies.

o India's reservation system provides reserved seats for Scheduled

Castes (SCs) and Scheduled Tribes (STs) in both national and state

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 legislatures. Additionally, some states have introduced reservation
for Other Backward Classes (OBCs) and religious minorities, such
as Muslims.

⎯ Political party strategies:

o Political parties often field candidates from minority communities to

ensure their representation.

o In the United Kingdom, political parties actively seek to nominate

candidates from minority backgrounds to promote diversity in
Parliament.

⎯ Minority-based political parties:

o Some countries have political parties that specifically represent the

interests of minority groups.

o The Scottish National Party (SNP) in the United Kingdom advocates

for Scottish interests, and the All India Majlis-e-Ittehadul
Muslimeen (AIMIM) and the Indian Union Muslim League (IUML)
in India represents the Muslim community.

⎯ Voluntary associations and interest groups:

o Minority communities establish voluntary associations and interest

groups to advocate for their rights and interests.

o These organizations engage in lobbying, activism, and community

mobilization to promote minority representation.

o The National Commission for Minorities (NCM) was established in

India to safeguard the rights and interests of religious and linguistic
minorities.

⎯ Challenges in minority representation:

o Discrimination and prejudice can hinder the political participation of

minority groups.

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 o Limited access to resources, education, and social networks may
impede the ability of minorities to engage in politics.

o In some cases, there may be internal divisions within minority

communities that affect their representation.

⎯ Intersectionality:

o Intersectionality recognizes that individuals may belong to multiple

minority groups and face compounded forms of discrimination.

o Ensuring representation that addresses the diverse needs and

experiences of intersectional individuals is crucial for promoting
inclusive democracy.

⎯ International frameworks:

o International organizations like the United Nations promote

minority rights and encourage member states to ensure minority
representation.

o The UN Declaration on the Rights of Persons Belonging to National

or Ethnic, Religious, and Linguistic Minorities highlights the
importance of political participation for minority groups.

⎯ Examples of minority representation in India:

o The Sachar Committee Report in 2006 highlighted the socio-
economic and educational status of Muslims in India and
recommended measures to enhance their representation and
development.
o The creation of reserved constituencies for SCs, STs, and OBCs has
provided avenues for political representation for marginalized
communities.
o The establishment of institutions like the Aligarh Muslim University
and the Jamia Millia Islamia University reflects efforts to empower
minority communities through educational institutions.

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4.2.4 Proportional Representation- Hare Plan or the Single Transferable Vote and the
List System

⎯ Proportional Representation (PR) is a system of electoral representation that

aims to allocate seats in a legislative body in proportion to the votes received
by political parties or candidates.

⎯ Hare Plan or Single Transferable Vote (STV):

o Developed by Thomas Hare in the 19th century, the Hare Plan is a PR

system based on the principle of transferable votes.

o Voters rank candidates in order of preference, and a predetermined quota

is set to determine the minimum number of votes required for a
candidate to be elected.

o Candidates who exceed the quota are elected, and their surplus votes are
transferred to other candidates based on the voters' preferences until all
seats are filled.

⎯ List System:

o The List System is another form of PR where political parties present

pre-determined lists of candidates.

o Voters cast their votes for a party rather than individual candidates.

o Seats are allocated to parties based on the percentage of votes they

receive, and candidates from the party list are elected in the order
specified by the party.

⎯ Advantages of Hare Plan or STV:

o Ensures a high degree of voter choice and representation of diverse

viewpoints.

o Allows voters to express preferences for individual candidates rather

than being limited to party-level voting.

o Promotes a fair distribution of seats and encourages the formation of

coalition governments.

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⎯ Advantages of the List System:

o Provides clear and straightforward voting options for voters, especially

in large-scale elections.

o Facilitates party-based representation and ensures the proportionate

representation of political parties in the legislature.

o Enables parties to prioritize and promote specific policies or agendas

through their party list.

⎯ Examples of countries using Hare Plan or STV:

o Ireland: The Irish parliament, Dáil Éireann, uses the STV system for
electing its members.

o Malta: Malta also employs the STV system for its parliamentary
elections.

o Northern Ireland: The Northern Ireland Assembly uses the STV system
to elect its members.

⎯ Examples of countries using the List System:

o Germany: The Bundestag, the German federal parliament, uses a mixed-

member proportional representation system with a party list component.

o Israel: Israel's parliament, the Knesset, employs a national party list

system with a threshold for parties to gain seats.

o South Africa: The South African National Assembly uses a party list
system combined with a proportional representation system.

⎯ In India:

o India uses a mix of both the Hare Plan/STV and the List System for
different levels of elections.

o The Hare Plan/STV is used in the election of the President of India and
the Vice President of India.

o The List System is used for the election of members to the Rajya Sabha
(Upper House) and the Legislative Councils in some states.

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⎯ Challenges of PR systems:

o Complexity: PR systems can be more complex for voters to understand

compared to simple plurality-based systems.

o Formation of stable governments: PR systems often lead to the

formation of coalition governments, which can be challenging to
maintain stability.

o Underrepresentation of smaller parties: In some cases, smaller parties

may face difficulty in crossing the threshold or gaining significant
representation.

⎯ Overall, PR systems like the Hare Plan/STV and the List System aim to ensure
a fair and proportional representation of voters' preferences. These systems offer
different advantages and have been implemented in various countries, including
India, to promote democratic representation. However, they also present
challenges that need to be addressed to ensure effective governance and
representation.

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4.2.5 The System of Plural Voting

⎯ The System of Plural Voting refers to a voting system where certain individuals
are granted the right to cast multiple votes in an election based on certain criteria
such as wealth, social status, or educational qualifications.

⎯ Plural Voting was prevalent during the colonial era in countries like India, where
the British introduced it as a means to consolidate their control and maintain
dominance over the local population.

⎯ Under the System of Plural Voting, individuals belonging to specific categories,

such as landowners, professionals, or members of privileged communities, were
entitled to multiple votes, while others had only a single vote or no voting rights
at all.

⎯ The rationale behind Plural Voting was to ensure that those who were deemed
more educated, financially stable, or socially superior had a greater say in the
political process, thereby maintaining the existing power dynamics.

⎯ Plural Voting was seen as a discriminatory practice that undermined the

principles of equality and universal suffrage. It perpetuated social inequalities
and restricted the political representation of marginalized and disadvantaged
groups.

⎯ In India, the System of Plural Voting was prevalent during the colonial period
under the British Raj. It was abolished with the introduction of the Government
of India Act, 1935, which granted universal adult suffrage to a limited extent.

⎯ The introduction of the Indian Constitution in 1950 further strengthened the

principles of equality and universal suffrage by ensuring that all citizens above
the age of 18 had the right to vote on an equal basis.

⎯ The elimination of Plural Voting in India was a significant step towards

establishing a more inclusive and democratic electoral system, where each
individual's vote carries equal weight.

⎯ The abolition of Plural Voting in India aimed to dismantle the hierarchies of

privilege and create a more representative political system that reflects the will
and aspirations of all citizens, irrespective of their social or economic status.

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⎯ The removal of Plural Voting contributed to the empowerment of marginalized
communities and helped in fostering a more inclusive and participatory
democracy in India.

⎯ The System of Plural Voting serves as a historical reminder of the discriminatory

practices that existed in the past and highlights the importance of ensuring equal
voting rights for all citizens in a democratic society.

⎯ The abolishment of Plural Voting has paved the way for a more equitable and
representative political landscape in India, where individuals are given an equal
opportunity to participate in the democratic process.

⎯ The experience of Plural Voting in India underscores the significance of

continuous efforts to safeguard and strengthen the principles of democratic
governance, equality, and universal suffrage.

⎯ Today, India stands as the world's largest democracy, where every eligible
citizen has the right to vote and contribute to the shaping of the nation's political
landscape.

⎯ The abolition of Plural Voting in India aligns with the principles of democratic
governance and equal representation that are essential for fostering a vibrant
and inclusive society.

⎯ The legacy of Plural Voting serves as a reminder of the struggles and sacrifices
made by those who fought for the establishment of a fair and just electoral
system in India.

⎯ The removal of Plural Voting reflects the evolving nature of Indian democracy
and the continuous efforts to strengthen the foundations of democratic
governance.

⎯ The System of Plural Voting has now become a historical artifact, marking a
significant milestone in India's journey towards establishing a more inclusive
and representative political system.

⎯ The experiences of Plural Voting in India highlight the importance of vigilance

in safeguarding democratic principles and ensuring that the rights of all citizens
are protected.

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⎯ Today, India's electoral system is guided by the principles of universal suffrage,
equality, and inclusivity, where each vote carries equal importance in shaping
the nation's future.

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4.3 Electoral System in India

4.3.1. Composition of the Election Commission of India (ECI)

⎯ The Election Commission of India (ECI) is an independent constitutional

authority responsible for the conduct of elections in India.
⎯ The constitution has vested the election commission to direct, superintendent,
and control the elections of the parliament, state legislature, the President, and
the Vice President of India’s office.
⎯ The election commission does not deal with the elections of municipalities and
panchayats in the different states. For these elections, a separate election
commission has been provided by the constitution of India.
⎯ The election commission of India was established in 1950, and till 1989, it was
a one-member body that consisted of only the Chief Election Commissioner
(CEC).
⎯ The voting age was made 18 years from 21 years, on 16 October 1989. Thus,
two new election commissioners were brought in by the President of India to
help with ever-increasing pressure on the election commission. Since then, the
election commission has consisted of three election commissioners.
⎯ Later in 1990, the two posts were eliminated. However, the action was repeated
in 1993 when the President appointed back the two election commissioners.
⎯ The three election commissioners execute the same power and emoluments and
salaries as the Supreme Court judge. In case of a difference of time between
and among the election commissioner, the decision is reached by the
commission through a majority vote.
⎯ The Election Officer can hold his office for 6 years or until they attain the age
of 65 years, whichever comes first. However, they can also design or be
removed any time before their expiry.
⎯ Article 324 of the Indian constitution has made some provisions regarding the
composition of the election commission. It includes the following –
o The President of India is in charge of appointing the Chief Election
Commissioner and the other election commissioners
o If any other EC is appointed, the CEC serves the role of the election
commission’s Chairman

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o The President can appoint regional commissioners to assist the
commission as well, such as a commissioner can be appointed chiefly
to look after the Karnataka election commission
o The President decides the tenure of the office and conditions of service
of all the election commissioners

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4.3.2. Powers and Functions of the ECI, Autonomy of ECI

⎯ Powers of the Election Commission of India:

o Determining the Electoral Constituencies’ territorial areas throughout
the country on the basis of the Delimitation Commission Act of
Parliament.
o Preparing and periodically revising electoral rolls and registering all
eligible voters.
o Notifying the schedules and dates of elections and scrutinising
nomination papers.
o Granting recognition to the various political parties and allocating them
election symbols.
o Acting as a court to settle disputes concerning the granting of
recognition to political parties and allocating election symbols to the
parties.
o Appointing officers for inquiring into disputes concerning electoral
arrangements.
o Determining the code of conduct to be followed by the political parties
and candidates during elections.
o Preparing a program for publicising the policies of all the political
parties on various media like TV and radio during elections.
o Advising the President on matters concerning the disqualification of
MPs.
o Advising the Governor on matters concerning the disqualification of
MLAs.
o Cancelling polls in case of booth capturing, rigging, violence and other
irregularities.
o Requesting the Governor or the President for requisitioning the staff
required for conducting elections.
o Supervising the machinery of elections throughout the country for
ensuring the conduct of free and fair elections.
o Advising the President on whether elections can be held in a state that is
under the President’s rule, in order to extend the period of emergency
after 1 year.

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 o Registering political parties and granting them the status of national or
state parties (depending on their poll performance).
⎯ Functions of the Election Commission of India:
o To direct and control the entire process of conducting elections to
Parliament and Legislature of every State and to the offices of President
and Vice-President of India.
o To decide the election schedules for the conduct of periodic and timely
elections, whether general or bye-elections
o To decide on the location of polling stations, assignment of voters to the
polling stations, location of counting centres, arrangements to be made
in and around polling stations and counting centres and all allied matters
o To prepare electoral roll and issues Electronic Photo Identity Card
(EPIC)
o To grant recognition to political parties & allot election symbols to them
along with settling disputes related to it
o To sets limits of campaign expenditure per candidate to all the political
parties, and also monitors the same
o To advise in the matter of post-election disqualification of sitting
members of Parliament and State Legislatures.
o To issue the Model Code of Conduct in the election for political parties
and candidates so that no one indulges in unfair practice or there is no
arbitrary abuse of powers by those in power.
⎯ Autonomy of the Election Commission of India:
o The ECI is a constitutional body established under Article 324 of the
Indian Constitution, which grants it independent and autonomous status.
o The Chief Election Commissioner (CEC) and Election Commissioners
(ECs) have a fixed tenure and can only be removed through
impeachment by the Parliament, ensuring their independence and
autonomy.
o The CEC and ECs are appointed by the President of India, who acts on
the advice of the Council of Ministers.
o The appointment process is designed to ensure the non-partisanship of
the ECI and its independence from political interference.

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o The ECI has control over its administrative machinery, including the
Secretariat, which enables it to function independently without undue
influence.
o The ECI has the power of a civil court, including the authority to issue
summons, examine witnesses, and enforce compliance with its
directions.
o The ECI has the power to take action against violations of the Model
Code of Conduct, such as reprimanding candidates or parties, issuing
warnings, and even cancelling elections if necessary.
o The ECI operates within the legal framework provided by the
Constitution, the Representation of the People Act, and other relevant
laws, which give it the authority to regulate elections.

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4.3.3. Social Media’s influence on Elections in India

⎯ Social media platforms such as Facebook, Twitter, and WhatsApp have a

massive user base in India, allowing political parties and candidates to reach a
vast audience quickly and easily.
⎯ Social media enables political parties and candidates to engage directly with
voters, facilitating two-way communication through posts, comments, and
messages.
⎯ It provides a platform for political campaigns to mobilize supporters, organize
events, and encourage voter turnout.
⎯ Social media allows for the rapid dissemination of information, breaking news,
and updates related to elections, enabling voters to stay informed about political
developments.
⎯ Candidates can share their policy positions, campaign promises, and
achievements in real-time, helping voters make informed decisions.
⎯ Social media platforms offer sophisticated advertising tools that allow political
campaigns to target specific demographics, interests, and geographical areas.
⎯ Political parties can tailor their messages to reach specific voter segments,
maximizing the impact of their campaigns.
⎯ Social media provides a platform for political parties and candidates to solicit
donations and raise campaign funds directly from supporters.
⎯ Crowdfunding campaigns and online fundraising drives have become common,
allowing for wider participation in the funding process.
⎯ Social media can be a fertile ground for the spread of political propaganda and
misinformation, with false narratives and rumours often going viral.
⎯ Fake news, doctored images, and misleading information can influence public
opinion and distort the electoral discourse.
⎯ Social media platforms, along with independent fact-checking organizations,
play a crucial role in monitoring and debunking misinformation during
elections.
⎯ Efforts are made to flag and remove false content, ensuring a more informed
electorate.
⎯ Social media users often act as citizen journalists, reporting on incidents,
sharing observations, and documenting the electoral process.

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⎯ Platforms like Twitter provide a space for real-time election monitoring and
discussions, facilitating transparency and accountability.
⎯ Social media has a significant impact on young voters and first-time voters who
are more active on these platforms.
⎯ It can shape their political opinions, mobilize them to participate in elections,
and influence their voting choices.
⎯ Social media has played a pivotal role in facilitating online activism and
grassroots movements, providing a platform for organizing protests, raising
awareness, and advocating for change.
⎯ Social media data and analytics enable political parties to track public
sentiment, gauge the effectiveness of their campaigns, and refine their
strategies.
⎯ It has led to the adoption of digital campaign tactics, including social media
influencers, viral marketing, and meme-based messaging.
⎯ Social media platforms face challenges related to the presence of fake accounts
and automated bots that can manipulate public opinion and create an artificial
perception of support.
⎯ Steps are being taken to combat these challenges, including improved
algorithms, user verification measures, and policies against fake accounts.
⎯ The rise of social media has impacted traditional media outlets, as people
increasingly rely on social platforms for news and political updates.
⎯ Traditional media organizations now use social media to disseminate their
content, engage with audiences, and reach younger demographics.
⎯ The 2014 and 2019 Indian general elections witnessed a significant influence of
social media, with political parties utilizing these platforms extensively for
campaigning and mobilization.
⎯ The Bhartiya Janata Party (BJP) leveraged social media effectively in both
elections, utilizing data analytics, targeted advertising, and interactive content
to engage voters.
⎯ The 2019 elections also highlighted the challenge of misinformation on social
media, particularly on platforms like WhatsApp.
⎯ False information and rumours spread rapidly through private groups, impacting
public perception and potentially influencing voting choices.

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⎯ Social media platforms have been instrumental in mobilizing support for social
movements such as the #MeToo movement, protests against corruption, and
calls for accountability.
⎯ These movements gained momentum through viral campaigns and online
activism, influencing public discourse and shaping the political landscape.

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4.3.4. ECI Scrutiny on Social Media

⎯ The Election Commission of India (ECI) closely monitors social media

platforms during election periods to ensure compliance with election laws and
regulations.
⎯ Social media platforms such as Facebook, Twitter, WhatsApp, and Instagram
are monitored for any violations related to campaign advertising, hate speech,
misinformation, and electoral malpractices.
⎯ The ECI enforces a code of conduct for political parties and candidates that
extends to their activities on social media platforms.
⎯ Parties and candidates are expected to adhere to ethical guidelines, refrain from
personal attacks, maintain the dignity of the electoral process, and avoid
spreading misinformation or hate speech.
⎯ The ECI requires political parties and candidates to disclose information about
paid political advertisements on social media platforms.
⎯ Parties and candidates need to provide details such as expenditure, content, and
reach of such advertisements to ensure transparency and accountability.
⎯ The ECI introduced a system for the certification of online political
advertisements to ensure that advertisements comply with election laws.
⎯ Platforms are required to display a certification mark on political ads after they
have been approved by the ECI.
⎯ The ECI sets up Media Certification and Monitoring Committees (MCMCs) at
district and state levels to monitor and pre-certify political advertisements on
electronic and social media.
⎯ MCMCs review advertisements for compliance with the model code of conduct
and election laws.
⎯ The ECI takes prompt action against violations on social media platforms,
including the removal of objectionable content, issuing warnings to candidates
and parties, and imposing penalties for non-compliance.
⎯ Social media companies are required to cooperate with the ECI and take
necessary actions within the stipulated time frame.
⎯ The ECI collaborates with social media platforms to ensure the smooth conduct
of elections and address issues related to the misuse of platforms.

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⎯ Platforms are expected to have robust mechanisms in place to prevent the spread
of misinformation, hate speech, and other forms of electoral malpractice.
⎯ The ECI conducts voter education and awareness campaigns on social media
platforms to educate voters about their rights and responsibilities.
⎯ Information related to voter registration, polling booths, voting procedures, and
important election updates are disseminated through social media channels.
⎯ The ECI encourages citizens to report violations or objectionable content on
social media platforms through designated channels.
⎯ Citizens play an active role in monitoring social media platforms and reporting
instances of hate speech, misinformation, or any activity that may disrupt the
electoral process.
⎯ The ECI conducts stakeholder consultations with social media companies, civil
society organizations, and experts to address emerging challenges and explore
collaborative solutions.
⎯ The ECI deploys election observers who are responsible for monitoring all
aspects of the electoral process, including social media activities.
⎯ Several instances have highlighted the ECI's scrutiny of social media, such as
the monitoring of political advertisements during the general elections in 2019
and the implementation of the certification system for online political ads.
⎯ The volume and speed of information dissemination, the anonymity of users,
and the use of encrypted platforms pose challenges in identifying and
addressing violations.
⎯ The ECI relies on the Representation of the People Act, 1951, and other relevant
laws to regulate social media during elections.
⎯ The ECI continuously evaluates its strategies and mechanisms for scrutinizing
social media and adapts to emerging trends and technologies.
⎯ The ECI also examines international practices and experiences related to the
scrutiny of social media during elections.
⎯ The ECI's scrutiny of social media platforms enhances public trust and
confidence in the electoral process.
⎯ It ensures a level playing field for political parties, prevents the spread of
misinformation, and maintains the integrity of the electoral process.

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