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Amity School of Business

Amity School of Business


Programme – BBA( General)
Ist Semester
Course – “Polity and Society””
( Module 1)

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NATURE
Aristotle:

“Man is by nature a political animal and he who by


nature and not by mere accident is without a state is
either above humanity or below it”.
In other words he says,“ He who is unable to live in a
society or who has no need because he sufficient for
himself, must be either a beast or a God”.

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Introduction
• The term Politics was first used by Aristotle as
“master science". It is derived from the Greek
word “polis", meaning city.
• To the Greeks the city was the State and the
subject that dealt with the City – State and its
problems was designated Politics.
• Politics is the process by which groups of
people make decisions
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Political Science ( definitions )

“Political science is an academic and research discipline


that deals with the theory and practice of politics and the
description and analysis of political system and
political behavior”.

Political systems are developed simply because human


beings are “social” and as they cannot live without
entering into the relationships of influence, consequently,
“whenever these relationships become stable and
repetitive, political systems exist.

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• Robert Dahl thus defines a political


system," as any persistent pattern of
human relationship that involves, to a
significant extent, power, rule or authority”

• Political behavior concentrates on the


study of the behavior of the individuals and
groups within political institutions.

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Political Science
• Paul Janet, “Political science is the part of social
science which treats the foundations of the State
and the principles of the Government.”
• Garris , famous German author is of the opinion
that “Political Science deals with the origin,
development, purpose, and all political
problems of the state.”
• Lord Acon, “ Political science is concerned with
the State and with conditions essential for its
development.” 6
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Aims and scope


a. Study of State and Government – Political
science is the science which is concerned with
the State, endeavors to understand and
comprehend the State and the Government.
We come to know that despite
the differences found between the State and
the Government, the scope of one another
cannot be separated from the other. It is to be
noted that the State is an agency under which
the Government functions. 7
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b. The study of associations and institutions in


the organized way the fundamental problems of
Political science include, first, an investigation of
the origin and the nature of the State, second,
an inquiry into nature, history and forms of
political institutions and third, deduction there
from so far as possible, of laws of political
growth and development.
There are many types of
institutions (religious, social, cultural, economic,
educational, political) in a country or in a society
and, the State, an institution that stands
supreme – controls all of them.
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c. Study of National and International Problems


and the Political Study of Man – Though the
term Political science is related to the English
word “Politics” which itself has been derived from
the Greek word “Polis". It stands for city – State.
However the study of political science is not
limited to city – States only but it also deals with
the national and international problems.
It will be not wrong to say
that the scope of Political science also includes
the study of man, otherwise the study of Political
science would remain incomplete.

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d. Study of the Past, Present and the Future


Development of State – Gettell writes : “In its
historical aspects, Political Science deals with
the origin of the State and the development of
political theories in the past…In dealing with the
present, it attempts to describe and classify
existing political institutions and ideas. It also
looks to the future, to improving politics,
organizations and activities in the light of the
changing conditions and ethical standards.”

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MEANING OF STATE
State in Political Science means an assemblage
of people occupying a definite territory under an
organized government & subject to no outside
control.
The state is a natural, a
necessary and a universal institution. A man
needs the state to satisfy his diverse needs and
to be what he desires to be. In the absence of
such a controlling and regulating authority,
society cannot be held together and there will be
disorder & chaos.

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DEFINITION OF STATE

Cicero – the state can be defined as a numerous society


united by a common sense of right and a mutual
participation in advantages.”
According to Bluntchli, “ The state is politically organized
people of a definite territory.”
Aristotle defined the state as a “union of families and
villages having for its end a perfect and self sufficing life
by which we mean a happy and honorable life.”

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• State is a numerous assemblage of human beings,


generally occupying a certain territory, amongst whom
the will of the majority, or of an ascertainable class of
persons, by strength of such majority: or class, made to
prevail against any of their number who oppose it ”.
Holland

• “An association which, acting through law as


promulgated by a government endowed to this end with
coercive power, maintains with a community territorially
demarcated the universal external conditions of social
order.” MacIver

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FUNCTIONS OF THE STATE

• Limited power.
• Maintenance of order.
• Conservation and development.
• Spread of education.
• Regulates family relations.
• Internal and External protection.

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LIMITATIONS
• State can control only overt actions of man and
cannot regulate his inert ideas.
• State while framing laws have to take into
consideration customs, beliefs and traditional
value of the society.
• State can regulate the behavior of those people
who live in its territory.

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ELEMENTS OF STATE

POPULATION

STATE
TERRITORY GOVERNMENT

SOVEREIGNTY

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Constituent Elements of a State

1. Population or the number of people.


2. Fixed Territory or a definite place of residence.
3. Government or an organization for uniting the
people.
4. Sovereignty or Supremacy in internal matters
and independence of external control.

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CONSTITUTION

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A constitution is a basic design of the structure


and powers of the government and rights and
duties of the citizens. There can be no State
without a constitution. Every State needs some
kind of order, some system by which a
reasonably orderly process of government may
emerge. This order or system in technical terms
is called “constitution”.

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DEFINITION

Gilchrist:
“A constitution consists of that body of rules and
laws written or unwritten, which determine the
organization of government, the distribution of powers to
the various organs of the government, and the general
principles on which these powers are to be exercised.”

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Contents of the Constitution


• Organization and form of administration of the State.
• Functions of the different organs of the government,
their powers and mutual relations;
• Mention of the fundamental rights of the citizen;
• The relation of the government with the people;
• The procedure of amendment of the constitution.

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Essentials of a good Constitution


• Clarity and definiteness
• Brevity
• Comprehensiveness
• Flexibility
• Declaration of rights
• Independence of judiciary
• Directive Principles of State Policy

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CLASSIFICATION

Constitution

Evolved & Written & Flexible &


Enacted Unwritten Rigid

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WRITTEN UNWRITTEN

 Rigid.  Flexible.
 Stable and clear.  Unstable and vague.
 Not a plaything in the  Interpretation of statutes
hands of the judges. is free.
 Mention of fundamental  Define the fundamental
rights. rights.
 Comprehensive.  Precise.
 Growth of country is  More progressive.
retarded.

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Relationship Between The State And


Government

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1. Government is the agent of the State


2. Government is only a part of the State
3. State possesses Sovereignty but government does not
4. Government changes frequently but the State remains
more or less permanent
5. State is uniform throughout but the governments are of
many kinds

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6. Membership of the State is compulsory but not the


Government
7. Territory is the essential characteristic of the State
but not of the Government
8. State is Abstract but the government is concrete
9. The people can oppose the government but not the
State

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ORGANS OF GOVERNMENT

GOVERNMENT

LEGISLATURE

EXECUTIVE

JUDICIARY

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LEGISLATURE

The primary and the most important function of


the State is legislative. The executive and the
judiciary cannot function until the legislature had
functioned. Law must exist before a judgment
can be given or the executive takes action.

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• The Legislature of India is the bicameral Parliament,


which consists of the upper house called the Rajya
Sabha (Council of States) and the lower house called the
Lok Sabha (House of People).
• The Rajya Sabha, a permanent body, has 245 members
serving six year terms. Most are elected indirectly by the
state and territorial legislatures in proportion to the
state's population.
• 543 of the Lok Sabha's 545 members are directly elected
by popular vote to represent individual constituencies for
five year terms.

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• The other two members are nominated by the President


from the Anglo-Indian community if the President is of
the opinion that the community is not adequately
represented.

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• The Council of States, is a permanent House with one-third of


its members retiring every second year.
• The Vice-President is the Chairman of the Council of States.
The House of the People consists of members chosen by direct
election by the citizens of India.
• The House of the People, unless sooner dissolved, continues
for a term of five years.

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Functions of the legislature

• Our Founding Fathers preferred the Parliamentary System to


the Presidential Form of Government and the central
Legislature in our country is called the Parliament.
• Parliament:-Article 79 declares: “There shall be a Parliament
for the union which shall consist of the two Houses known as
the Council of States and the House of the People”. It has to be
noted that the Council of States is also referred to as “Rajya
Sabha” or the Upper House” or “House of Elders”. And, the
House of People is referred to as “Lok Sabha” or the “Lower
House”.

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1. Law making
2. Financial Powers
3. Amendment of the Constitution
4. Control over the Executive
5. Judicial Functions
6. Electoral

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EXECUTIVE

It is the pivot around which the actual administration of


the State revolves and includes all officials engaged in
administration. It embraces the whole governmental
organization and includes all officials, high or low – the
Head of the State, his advisers and ministers, as well as
the whole body of subordinate officials through whom the
laws are administered

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FUNCTIONS

 Administrative
 Legislative
 Military functions
 Foreign functions
 Financial functions

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JUDICIARY

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In democratic countries Judiciary is


considered the guardian of the freedom of
the people and also of the constitution. In
the absence of judiciary there will be
widespread injustice in the society. Judicial
system works as a check on efficiency of
government.

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FUNCTIONS OF JUDICIARY

 Interprets the law.


 Protector of Civil Rights.
 Custodian of Fundamental rights.
 Guardian of the Constitution.
 Advisory.
 Miscellaneous functions.

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INDEPENDENCE OF JUDICIARY

 By independence of judiciary is meant that the judiciary


is free.
 If the judiciary is not free it will not be able to give
decisions against the government and protect the
fundamental rights and the constitution.
 Independences of judiciary helps the judges to perform
their duties fearlessly and without favor.

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FACTORS FOR INDEPENDENT JUDICIARY

Judiciary will be independent only when the system of appointment of


judges is good, free from unnecessary interference and control.
Factors that make the judiciary independent are:
 Mode of appointment of judges - three methods,
i. Election by legislature.
ii. Election by people.
iii. Appointment by executive.
 Long tenure.
 Security of service.
 Adequate salary.
 High qualification.
 Separation of judiciary from control of executive.
 No practice after retirement.

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SEPARATION OF POWERS

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MEANING

Separation of powers is the term coined by French


political thinker Baron De Montesquieu. It is the model
for the governance of democratic states. Under this
model the government is divided into branches and each
branch has separate and independent powers and areas
of responsibility.
The three branches are:
 Legislative.
 Executive.
 Judiciary.
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NEED FOR SEPARATION OF POWERS

 The Separation of powers devised by the framers of the


constitution was designed to prevent the majority from
ruling with an iron fist .
 The separation of powers avoid the concentration of
power as a result of which the individual liberty is
protected which in turn will protect the democracy.
 Judicial independence is maintained by the life
appointment of the judges, removal by the legislature.

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CHECKS AND BALANCES

 To prevent one branch from becoming supreme and to induce


the branches to cooperate, governance with separation of
powers is created with a system of “checks and balances”.
 Each organ should be a check on the other two organs.
 In this way each organ remains independent and at the same
time does not become despot. This system of checks and
balances ensures the harmonious working of the government.

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The executive, the legislature and the judiciary should be free to act in
their own fields but should have a proper relationship between them:
Legislature a check on the Executive
 Has the power to put questions to the executive in regard to their
working.
 Can appoint Investigating Committees for investigating the acts of
the executive.
 Can refuse to give sanction to the funds .
Legislature a check on the Judiciary.
 The legislature exercises a check on judiciary by removal of the
judges through impeachment for misbehavior of a serious nature
affecting national interests
 Has the power to alter the composition and jurisdiction of the courts.

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Executive a check on the Legislature


 President can exercise veto over the bill passed by the legislature.
 Should be in a position to guide the legislature to pass the laws more
effectively which are needed by it for the satisfactory performance of its
duties.
Executive a check on the Judiciary
 Ensures the appointment of judges to be impartial and that the qualified
persons are appointed as judges.
Judiciary a check on the Legislature.
 The laws passed by the legislature can be declared null and void by the
exercise of the power of judicial review.
Judiciary a check on the Executive.
 Every action of the executive which goes against the Constitution can be
declared null and void by the Supreme court through judicial review.

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Judicial Review
• Judicial review is a procedure in English administrative law
by which the courts supervise the exercise of public power on
the application of an individual.
• A person who feels that an exercise of such power by a
government authority, such as a minister, is unlawful, perhaps
because it has violated his or her rights, may apply to the
Administrative Court for judicial review of the decision and
have it set aside (quashed) and possibly obtain damages.

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A court may also make mandatory orders or injunctions to


compel the authority to do its duty or to stop it from acting
illegally

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Forms of Government

• Unitary Form of Government


• Federal Form of Government
• Parliamentary Form of Government
• Presidential Form of Government
• One Party Democracy
• Military Rule

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Parliamentary Form
• Also known as – Cabinet Form, Ministerial
Form or Responsible form e.g. India
• People Elect Members of Parliament they in
turn Elect the Prime Minister

The intimate relationship between the


executive and legislative branches of
government is the essence of Parliamentary
System. In this form the executives are
constitutionally inter related to the legislature
in respect of duration of the tenure and
responsibility of all the political policies. 51
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Features of Parliamentary Form


1. Head of the state exercises nominal
powers
2. Clear and stable majority
3. Collective Responsibility
4. Individual Responsibility
5. Membership of the Parliament
6. Leadership of the Prime Minister
7. Political Homogeneity
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8. Secrecy
9. Mutual toleration between the political
parties

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Merits & Demerits


• Merits
– Absence of Friction between the executive
and legislature
– Flexibility
– Speedy Functioning
– Well Thought out legislative and financial
measures
– Selective Functions

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Demerits
1. There is the apprehension of the dictatorship of the
cabinet
2. The Government becomes unstable if the ruling party
does not command a clear or absolute majority in the
legislature.
3. Frequency in the change of Government leads to
uncertainty of policy.
4. Formation of the Government becomes difficult in a
multi party system.
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5. This system leads to perpetual conflicts –


there is always a volley of charges and counter
charges between the ruling party and the
opposition to gain control of the administration.
This makes the atmosphere very poisonous.
6. National interest are sacrificed sometimes at the
altar of party interests
7. In Parliamentary Government much time is wasted
in discussion during war and emergency-
8. Ministers pay more attention to the politics than the
administration
9. Ministers pay more attention to the politics than the
administration
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Presidential Form of Government


• The president is both the head of state and the
government and he/she has a fixed term of
office. He/she is directly elected by the people.

• In the presidential form of Government there is a


general separation of executive from the
legislature. Under this system the executive is
constitutionally independent of the legislature. In
respect to the duration of his or their tenure and
irresponsible to it for his or their political policies.
E.g. USA
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Features of Presidential Form

• Fixed term of Office


• Separation of Executive and Legislature
• Absence of direct responsibility to the
legislature

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Merits
1. It ensures stable government.
2. This system of government is most suitable for
emergencies
3. It leads to the efficiency in administration
4. Less influence of parties
5. This type of government is based on the theory of
Separation of Powers
6. Most suitable for multi party system

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• Demerits

– President enjoys wide powers and he has


his own way in many matters
– Theory of Separation of Powers is not
good for the sound working of government
– Very Difficult to make amendments in
constitution

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