Unit I: Organs of Government

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Unit I: Organs of Government

The doctrine of separation of powers implies that there should be three


separate organs of government‐Legislature, Executive and Judiciary‐with
separate set of functions and powers.

I Legislature
Legislature occupies an important position in the machinery of government. Will
of the state is formulated and expressed through the legislature. Legislature
in a democratic country enacts the general rules of society in the form of
laws. A variety of terms are used to denote legislatures in various countries: it
is called congress in USA, Parliament in India, National Assembly in France,
House of Representative in Japan and Congress of Deputies in Spain. The word
parliament comes from the French “parler” which means to ‘talk’ or ‘discuss’.
Parliament of India comprises the President of India, the Lok Sabha (House of the
People) and the Rajya Sabha (Council of the States). The cardinal functions of the
Legislature include overseeing of administration, passing of budget, ventilation of
public grievances, and discussing various subjects like development plans,
international relations, and national policies. All legislation requires the consent of
both Houses of Parliament. In the case of Money Bills, the will of the Lok Sabha
prevails. The Parliament is also vested with the power to initiate amendments in
the Constitution. The various States also have their respective legislatures, the
Legislative Assembly (Vidhan Sabha) and the Legislative Council
(VidhanParishad) in a few States.

Functions of Legislature Functions of the legislature are not identical in


every country. It may vary from country to country, depending on the
forms of government and the provisions of the constitution. Yet there are
certain functions which are performed by legislatures in most democracies.
They are as follows:
(1) First and foremost function of Legislature is to make laws. Bills are introduced
in the Legislature where it is thoroughly debated and discussed before it is passed
by the legislature and sent to the Head of the State for his formal assent to
become an act. In cabinet system it is the duty of the concerned minister to
introduce the bill and get it passed and duly enacted. But in the presidential
system executive is not directly involved in legislation, rather he only exerts his
influence in the law making through his messages. Legislature is the creator of
laws of a country and is thus rightly called the rule making department of the state.
(2) Legislature exercises control over the general administration of the
country. In parliamentary system legislature exercises control over the
political executive .Ministers are individually as well as collectively responsible
to the legislature for all their actions. Ministers can continue in office only till they
enjoy the confidence of the legislature. Various measures like adjournment
motions, censure motions and cut motions are available to control the
executive. A vote of no‐confidence can be passed by the legislature to remove
the executive from office.
(3) Legislature performs important financial functions. A major function it
performs every year is the presentation, consideration and authorization of
the budget. No money can be spent or no tax can be levied by the
executive without the prior approval of the legislature. Ordinarily lower
house enjoys more powers over the money bill than the upper house in
countries with bi‐cameral legislature.
(4) Legislature also performs some important judicial functions. In England the
House of Lords is the highest court of appeal. The impeachment trial of the
president and vice‐ president in America takes place in the senate and in India
either of the two house at the centre can conduct the impeachment trial of the
president
(5) Legislature also performs elective functions. In India parliament takes
part In the election of the President and vice President. British parliament
can make a law to determine the mode of succession and abdication of the
monarch. In Russia judges of the Supreme Court are elected by the parliament of
that country.
(6)In most democracies the power to change or amend the constitution rest
with the legislature.In India the parliament has the power to change certain
provisions of the constitution by following a special procedure. In England
there is no distinction between ordinary laws and constitutional laws and the
legislature has the power to amend the constitutional laws in the same manner as it
changes ordinary law.
(7) In India parliament has the power to remove the judges of supreme court and
high courts on grounds of proved misbehavior or incapacity. In Britain
judges can be removed by a joint address of both house of parliament to the
crown.
(9) Legislatures work as organs of inquest or enquiries. Legislature appoint
commissions of enquiry to collect information, hear evidence and make
recommendations on problems facing the country.

Legislatures are classified into two, on the basis of the number of chambers it
possess. When the legislature of a country is organized into two houses it is called
Bi‐Cameralismand when the legislature has only one house it is called Uni‐
Cameralism

II Executive
The executive may be defined as that branch of the State which formulates policy
and is responsible for its execution. In formal terms, the sovereign is the head of
the executive. The Prime Minister, the Cabinet and other Ministers’, for the most
part, are elected members of the Parliament. In addition, the Civil Service, local
authorities, police and armed forces, constitute the executive in practical terms.
The executive performs the essential activities of government which relates to rule
application. Functions of the executive can be discussed under the following
heads: Administrative, Military, Legislative, Financial and judicial.

Administrative Functions: Administrative functions include all those matters


which have to deal with the strict administration of the government such as
1. the appointment, direction and removal of officers, issue of instructions and
all acts relating to the execution of laws. Internal administration is an
important concern of the executive. Maintenance of peace and rule of
law is the most important function of the executive, without which
state cannot effectively function. Home department, which is under the
control of the political executive and he along with the permanent executives
is responsible for the maintenance of internal peace and security. External
administration also falls under the prerogative of the executive. It is
the duty of the executive to see that a state is safe from external
aggression.
2. Executive head frame foreign policy of the state, which is pursued by
the trained and professional diplomats.
3. Executive appoints ambassadors and other diplomats, who conducts
international relations under the overall guidance of the political
executive. Ministry of external affairs is in charge of the conduct of
relations with other countries.

Military Functions Duty of defenseof the country rest with the executive. It is
an essential function of the executive to secure territorial integrity and to protect
the country from external aggression, and if necessary, to wage war. The
Executive has to maintain an efficient and strong army, navy, air force to
defend its territory against the attack of outsiders .In USA the President can
declare war or peace with the consent of the Congress and in India head of the
state can declare war or conclude peace but in reality this power is exercised by
the Prime Minister and his cabinet. The department which is concerned with
thedefense of the country and controls its military operations in India is called the
Ministry of defense.

Legislative Functions: Though lawmaking is the prerogative of the legislature


executive also performs some legislative functions.
1. In Parliamentary form of government executive (President) summon,
adjourn and prorogue the session of parliament, and he can also dissolve the
popular house.
2. Executive exercise the power to issue ordinance when the legislature is not
in session. Ordinance is the law made by the executive (123).
3. In parliamentary systems political executives introduce the bills in the
legislature and takes up the responsibility of passing the bill in the house.
Assent of the chief executive or nominal executive is necessary for a bill to
become act.
4. The growth of Delegated legislation is an extension of the sphere of
executive in the legislative field. As the laws are growing more
complex these days, the system of passing what is known as skeleton bills
is being resorted to. This has enabled the executive to supplement the law
by issuing rules and regulations which makes up the case of departmental or
delegated legislation.
Financial functions: The executive controls the purse of the nation. The Budget
is prepared and introduced by the political executive in the legislature.

Judicial Functions:
1. In most countries appointment of the judges are made by the
executive. Executive also exercise the power to grant pardon or reprieve
to the offenders.
2. Head of the state enjoys the power of granting mercy, whereby he
may commute the sentence given by the highest court of the land.
Executive may also grant amnesty to the offenders or reduce their
sentence by his discretionary power.

Executive also performs miscellaneous function like regulation and control of


productive forces in the country ,national planning, emergency power during
war and internal disturbances, conferring of awards and honours , etc.

III Judiciary

Judiciary is that organ of government which interpret and enforce the laws of the
state. In ancient polity, the executive and the judicial functions were combined in
one person. But in such an arrangement, justice could not be secured when the
same person made and interpret laws. So the need for an independent and
impartial organ to interpret laws was felt in modern state and the result was the
advent of judiciary as a separate organ of government.

Powers of Judiciary
The Supreme Court possesses the following jurisdiction to decide matters of
conflict:

I Original jurisdiction-
1. The Supreme Court possesses exclusive original jurisdiction in any dispute
between
a. the Centre and one or more States
b. Center and any state or states on one side and one or more states on
the other.
c. Between two or more states
2. Original jurisdiction but not exclusive: - to enforce fundamental rights.
Under article 32 Supreme court has the power to issue writs in case of
violation of fundamental rights. They are : Quo Warranto, Mandamus,
Habeaus Corpus, Prohibition & Certiorari. The High Courts under article
226 posses the same power of issuing writs in case of violation of
fundamental rights.
Habeas corpus is a write issued by the court to bring before the court a

person from illegal custody. The court will examine the legality of detention

and release the person if detention is found illegal.

Mandamus is issued to a public authority to do an act which under law, it is

obliged to do or to forbear from doing.

Prohibition is a write to prevent a court or tribune! from doing something in

excess of its authority. High Court has power to issue an order of prohibition

to the executive authority prohibiting it from acting without jurisdiction.

Certiorari is a write issued to a judicial or quasi-judicial authority to correct

its order. This writ is issued on specified grounds like violation of natural

justice; excess, abuse or lack of jurisdiction; fraud; and error of law apparent

on the face of the record.


Quo-warranto is a writ issued to a person who unauthorisedly occupies a

public office to step down from that office. High courts and the Supreme

Court have the power to issue not only these writs but also appropriate

directions and orders.

II Appellate- Ordinarily it has the jurisdiction to hear appeals against the decisions
of the High Comts only on the certificate of the High Court, if
1. In any proceedings substantive question as to the interpretation of the
constitution is involved.
2. In civil proceeding if the case involves substantial question of law of
general importance and the High Court think that the question needs
Supreme Court ruling.
3. A criminal case is fit one to be heard by the Supreme Court.

III Advisory Jurisdiction- Under article 143 of the Indian constitution, President
is authorized to refer to the Supreme Court any question of law or fact which in his
opinion is of considerable public importance for its opinion and under this Article
the President has also referred Bills to the Supreme Court for advising him about
their constitutional validity before giving his assent (as in the case of Kerela
Education Bill).
IV Judicial Review: It means ‘judicial scrutiny’. If an act violates the provision of
the constitution the judiciary has the power to declare such bills.acts as null and
void.

Unit II- Political Organizations


The government is the machinery or agency through which the will of the State is
formulated, expressed & realized.

Unitary System
1. Supreme powers belong to the Central Govt: There is no constitutional
division of power between the national and regional governments. There
may be, and are sub divisions variously known as Departments (France),
Countries (Great Britain) etc. but they have no independent authority or
status of their own; they are administrative units. They are given some
powers and limited autonomy to discharge their functions.
2. Single Citizenship- Citizens possess membership of the nation alone.
3. Unified & Integrated Judiciary
4.
Federal System
Federalism is a system of government in which the power is divided between a
central authority and various constituent units of the country. The world Federal
has been derived from a Latin word ‘foedus’ meaning treaty or agreement. A
federation may come into being either as a result of centripetal (number of states
join together to form a new state) or centrifugal forces (existing unitary state
transforms itself into a federal one by granting constitutional autonomy to its units.

Finer - “a Federal State is one in which part of authority and power is vested in the
local areas while another part is vested in Central institution deliberately
constituted by an association of local areas.”
Features of Federalism
1. Distribution of Powers: In a federation there are two or more levels or
government, national/central and regional/territorial. There is a distribution
of power b/w the 2 governments. The general principle is that regional
government should have control over matters of local importance like : law
& order, local government, education etc., while the national govt. Should
have jurisdiction over matters of national importance such as defense,
foreign affairs, communication, currency etc.
The distribution of power is not uniform it differs from country to country.
In centrifugal states the powers of central government are enumerated and
the rest (called residuary powers) are given to the units (states). When the
powers of the Provincial government are enumerated and the residuary
powers are left to the centre it is called Centripetal federation.
2. Written constitution: Since there is a division of powers between the Central
and regional governments, a federation has a written constitution
3. Rigid constitution: The fundamental provisions of the constitutions cannot
be unilaterally changed by one level of government. Such changes require
the consent of both the levels of government.
4. Supremacy of the Constitution- Rigidity of the constitution implies its
supremacy. It is the constitution that defines & determines the power of the
two governments & the spheres of their activities, none of them can claim &
exercise authority except in accordance with the constitution. The
constitution is the supreme law of the land.
5. Special Position of the Judiciary: The supremacy of the Constitution
involves and implies a special position and role for the judiciary. The
judiciary (and the federal judiciary especially in case there are two sets of
courts) has to perform 2 important functions:
a. Decide disputes or conflicts pertaining to jurisdiction between the
federal govt and one or more of the regional govts, or between one
regional govt and another.
b. Decide cases relating to violation of their constitutional authority.

The judiciary also performs another important function, that is interpretation


of the Constitution. The judiciary is therefore, called the “watchdog of the
Constitution” or ‘guardian of the Constitution’.
6. Dual Citizenship: Citizens possess membership of the nation as well as that
of the state/unit.

Quasi Federal System


Quasi-federal is a new concept in political science terminology. It is used to
characterize Constitutions, which are neither wholly unitary nor entirely federal,
Constitutions which may be unitary in form but federal in spirit, or federal in form
but have a strong unitary bias. It takes into consideration the dominant or overall
nature and character of the polity established by the Constitution. e.g: India,
Canada.
India as a Quasi Federal State
1. The Constitution of India has federal features but it does not claim to be a
federation. It calls India a “Union of States”.Article I of the Constitution
describes India as a ‘Union of States’, which implies two things: firstly , it is
not the result of an agreement among the States and secondly, the States
have no freedom to secede or separate from the Union. Besides, The
federation is a union because it is indestructible and helps to maintain the
unity of the country.
2. The Centre appoints the Governors of the States who enjoys extensive
powers in special circumstances. Governor is the agent of the Centre in the
States. In the past he Governor has acted more as Centre’s representative
than as the head of the State. This enables the Union government to exercise
control over the State administration.
3. Unequal representation in upper house: The equality of units in a federation
is best guaranteed by their equal representation in the Upper House of the
federal legislature (Parliament). However, this does not happens in case of
Indian States. They have unequal representation in the Rajya Sabha.
4. Appointment of important organisation heads: All important appointments
such as the Chief Election Commissioner ,the Comptroller and Auditor
General are made by the Union Government.
5. Single citizenship: There is no provision for separate Constitutions for the
states. The States cannot propose amendments to, the Constitution.
Amendments can only be made by the Union Parliament.
6. All India Services: In order to ensure uniformity of the administrative
system and to maintain minimum common administrative standards without
impairing the federal system, All India Services such as IAS and IPS have
been created which are kept under the control of the Union.
7. Emergency Provisions: During Financial Emergency, the Center exercises
full control over the State’s finances. In case of disturbances in any State or
part thereof, the Union Government is empowered to depute Central Force
in the State or to the disturbed part of the State.In all three types of
emergencies, Centre is empowered to excercise full control over the state
machinery.
8. Parliament control over state: It can make laws to increase or decrease the
area of any State and may alter its name and boundaries. It may alter
subjectsn the state list also.
9. Unified Judiciary: Contrary to the federal principle which has a dual system
of Courts, India has unified Judiciary with the Supreme Court at the apex.
Hence it can be concluded that the Constitution of India establishes a strong Centre
by showering all-important subjects to the Centre as per the Union List. The State
Governments have limited powers while largely being dependent on the Centre.
Especially, the States are dependent on the Centre financially. The States have to
work in close co-operation with the Centre.

This has led to the contention that the Indian constitution is federal in form but
unitary in spirit. Constitutional experts call it ‘semi-federal’ or ‘quasi federal’
system. This is unique to India

Parliamentary/Cabinet Government

Garner- “that system in which the real executive- the Cabinet or ministry- is
immediately and legally responsible to the legislature or branch of it for its
political policies and act, immediately ir ultimately responsible to the electorate;
with the titular or nominal executive- the chief of state-occupies a position of
irresponsibility.
The parliament of Britain is said to be the strongest parliament in the world.

Chief Features
1. Existence of a Titular or Constitutional Ruler: The first characteristic feature of
the parliamentary system is the existence of a Titular of Constitutional Ruler.
Legally the administration of all the affairs of the state is conducted by the head of
the state. In reality, however, the administration is carried by the Council of
Ministers. The Monarch or the President, as the case may be, is the head of the
state, but not the head of the government.

2. Absence of Separation of Powers: In the parliamentary system the principle of


separation of powers is not adopted. Here the three departments of government
work in close, intimate contact, sharing some of the powers and functions of one
another.

3. Main Role of the Lower House in Ministry-formation: In the parliamentary


government the lower house of the legislature, i.e., the popular chamber plays a
vital role in the formation of the ministry. The leader of the party or alliance which
wins the majority in this house is appointed the Prime Minister or Chancellor. The
constitutional ruler appoints the other members of the ministry on his advice.

4. Responsibility to the Legislature: In such a system the Cabinet or Ministry has


to remain responsible to the legislature for all its activities and policies. In
countries having bi-cameral legislatures, the Cabinet remains responsible to the
lower house composed of the people’s representatives.

5. Collective Responsibility: The ministerial responsibility to the legislature may


again be of two kinds:

● Individual responsibility, and


● Collective responsibility.

Individual responsibility means that the minister in charge of a department must be


answerable for the activities of his department. But when the ministers remain
jointly or collectively responsible to the legislature for the policies and activities of
the government, it is called ‘collective responsibility’. Since no individual minister
can unilaterally perform any business of government without the consent of the
Cabinet, the entire Ministry or Cabinet has to remain accountable for the errors of
the minister concerned.

6. Intimate relationship between the Legislature and the Executive: In the


parliamentary system an intimate relationship exists between the executive and the
legislative departments. So they can easily control each other. The leaders of the
majority party or alliance in the legislature become the members of the Cabinet or
Ministry. Naturally, the ministers can easily extend their influence on the
legislature. Consequently, the programs and policies of the Cabinet are backed by a
majority inside the legislature.

7. Leadership of the Prime Minister: The leadership of the Prime Minister is


another major feature of the parliamentary system. The leader of the majority party
in the legislature becomes the Prime Minister. Though, in theory, he is ‘primus
inter pares’, i.e. ‘first among equals’, in reality, he possesses much greater power
and status than the other ministers. As the undisputed leader of the majority party
or alliance in the legislature he plays the most vital role in the determination and
execution of government policies. Indeed, the success of parliamentary democracy
depends, to a great extent, on the personality, efficiency and charisma of the Prime
Minister.

8. Existence of a Strong Opposition: The existence of one or more strong and well-
organized opposition party or parties is the hall-mark of the parliamentary system.
By criticizing the errors of the government, the opposition can compel it to adopt
welfare measures and prevent it from becoming despotic. Judged from this angle,
the opposition can be called the life-force of parliamentary democracy.

9. Cabinet Dictatorship: In the parliamentary system of government the cabinet has


to perform manifold functions. It is the Cabinet which:

● formulates well-considered policies of the Government after reviewing


both the national and international issues,
● takes necessary, arrangements for passing laws to implement the
policies formulated by it,
● determines the matters to be included in the agenda of the central
legislature,
● controls and directs the administrative departments so that laws,
Government orders, etc. are to be implemented properly,
● co-ordinates the activities of different departments of the Government,
● prepares the draft budget in consultation with the Prime Minister and
takes necessary initiative to get it passed in the legislature,
● formulates economic policies and takes necessary steps for
implementing the same,
● advice’s the constitutional head to take necessary action during
emergency or unforeseen situation, etc.

In this way the Cabinet acts as ‘the keystone of the political arch’ or has become
the ‘steering wheel of the ship of the state’. In fact, in the parliamentary system of
government as the cabinet members are the leaders of the majority party or alliance
in the legislature. Some critics think that the Parliament is controlled by the
Cabinet under the leadership of the Prime Minister giving rise to some sort of
“Cabinet dictatorship”.

Presidential Government
The presidential form of government is that in which the executive is not
responsible to the legislature.
Example: United States of America (U.S.A)

Essential features
1. The president is the real executive. There is no nominal or ceremonial executive.
All the powers are vested in the hands of the president.
2. The powers of the three organs namely, legislature, executive and judiciary are
separated and vested in different persons.
3. Though the three organs of the government are kept apart, they are also
connected by the system of checks and balances. Each organ of government
exercises checks on the other two organs so that a sort of balance is established.
4. The tenure of the president is fixed. The tenure of office cannot be lessened or
increased under any circumstances. President can be removed by the legislature
only by a process of impeachment.
Merits
1. Stable government is possible.
2. Under a presidential form of government, experts are appointed as
heads of the departments without consideration of their party affiliations.
The president may appoint persons who belong to the opposition parties.
3. There is continuous and consistent policy.
4. Highly suitable during the period of national crisis.
5. There is no chance for concentration of powers.

Demerits
1. The executive is not responsible to the legislature and can do whatever
it pleases.
2. There is always the possibility of deadlocks between the legislature
and the executive.
3. It is not flexible form of government.
4. The Presidential executive finds it difficult to follow a vigorous foreign
policy, as there is no harmonious relationship between the executive and
the legislature. The executive may follow a policy which may not be
acceptable to the legislature.

Unit III- Organic and Institutional Balances


Doctrine of Separation of Power
Among modern political thinkers Bodin was the first to advocate the separation of
executive and judicial powers in the interest of better administration of justice. He
suggested that the function of administering justice should be entrusted to an
independent tribunal. Locke was the next political thinker who recognized the
importance of judicial functions. He, however, casually referred to division of
powers into legislative, executive and federative. But he did not go further, though
he admitted the need for coordination between the 3 organs.
It was the French philosopher Montesquieu who developed the ideas of Bodin and
Locke into a coherent theory or doctrine of tripartite division of governmental
functions with mutual checks & balances. To prevent abuse of power by the
machinery of government he felt that “it is necessary, by a proper disposition of
things, that power should be a check to power” and power should be distributed
“among possibly rival authorities”.

Independence of Judiciary
In the words of Dr. V.K. Rao, “Independence of judiciary has three meanings:

(i) The judiciary must be free from encroachment from other organs in its sphere.

In this respect, it is called separation of powers. Our Constitution makes the

judiciary absolutely independent except in certain matters where the Executive

heads are given some powers of remission etc.,

(ii) It means the freedom of the judgments and free from legislative interference. In

this respect, our constitutional position is not very happy because the legislature

can in some respects override the decisions of the judiciary by legislation. The

Income-tax Amendment Ordinance of 1954 is an example,

(iii) The decisions of the judiciary should not be influenced by either the Executive

or the Legislature—it means freedom from both, fear and favour of the other two

organs.”
Methods to Secure Independence

a) High Qualifications:

Politics in the appointment of judges has been avoided by prescribing high

minimum qualifications for such assignments in the Constitution itself. An aspirant

for such an important office must have been a judge of a High Court, at least for

five years or must an advocate of a High Court be at least for ten years, or be a

distinguished jurist.

(b) Handsome Remuneration Subject to Vote of Legislature:

As already mentioned, every judge is paid a high salary to maintain his status and

dignity. As per Act of 1986, the Chief Justice was to draw Rs. 10,000 p.m. and the

other judges were paid Rs. 9,000 p.m. However in the recent past, the salaries of

Judges of the Supreme Court were raised to Rs. 30,000 p.m. and that of Chief

Justice Rs. 33,000 p.m.

Their salaries have been further hiked in view of such hikes of other top officers of

the Government as per 6th Pay Commission report and cabinets’ generosity to hike

the salaries of the top executives viz., President, Vice- President and Governor etc.

as well. Three-fold hike in case of judges (Rs. 90,000) and 1, 00,000 p.m. in case

of Chief Justice. In addition, they enjoy free residential accommodation and many

other perks.During their term of office, their salaries and allowances cannot be

altered to their disadvantage, except in grave financial emergency. The

administrative expenses of the Court are charged on the Consolidated Fund.


Evidently, their salaries and allowances compare favorably with those of judges in

other courts of the world.

c) Security of Tenure:

The Judges of the Supreme Court enjoy security of tenure. They are not removable

from office except by an order of the President and that also only on the ground of

proved misbehavior or incapacity, supported by a resolution adopted by a majority

of total membership of each House and also by a majority of not less than 2/3 of

the members of that House present and voting.

(d) Lengthy Tenure:

Although the Constitution does not provide for life tenure, the existing provision of

65 years, in effect amounts to nearly the same. A retiring age of 65 is, by Indian

standard, very high, considering the average span of life in India and also the

average fitness of persons for work in old age. Moreover, a retired judge according

to Article 128, may be re-appointed a judge by the Chief Justice of India, with the

consent of the President.

e) Oath to Work Fearlessly:

Before assumption of office, the judges have to take an oath to perform their duties

fearlessly and to uphold the Constitution. The ruling party committed to a

particular ideology expects the judges to read the writing on the wall and act

accordingly. The supersession of three judges and appointment of a junior judge as

Chief Justice raised the issue. Ex-Chief Justice S.M. Sikri was of the view that
commitment to the philosophy of the ruling party, is not the part of the oath

administered to a judge. Hence such commitment should not be expected of him.

(f) No Practice after Retirement:

A retired judge of the Court is prohibited from practising law before any Court of

authority within the territory of India. The Constitution, however, permits the

appointment of a retired judge for a specialized form of work by the Government,

for instance for conducting enquiries and special investigations. Das Commission

for conducting enquiry against Sardar P.S. Kairon, ex-late Chief Minister of

Punjab is an example of such enquiries assigned to a judge. Khosla Commission to

enquire into Netaji’s death by an air crash and more recently Justice Pathaks’

Authoritative Report against External Affairs minister—Natwar Singh may be

quoted as such instances.

(g) Powers to Make Rules to Regulate their Procedure:

The Supreme Court is equipped with full powers to make rules for regulating its

practice and procedure and to take effective steps for the enforcement of its decrees

and orders.

(h) Control over Establishment:

The Court is fully authorized to have its own establishment and have complete

control over it. It was, however, thought that in the absence of such a provision, the

Court’s independence becomes illusory. If for promotion, the establishment is to

look to other quarters, it is likely to affect the independence of the judiciary.


Hence, all appointments of officers and servants of the Supreme Court are made by

the Chief Justice and the judges of the Supreme Court whom he may direct for the

purpose. Their conditions of service also are determined by the Supreme Court.

(i) Denial of Political Office before or after Retirement:

The judges should not be allowed to hold political office after retirement otherwise

they will have the temptation of creating ground for becoming the political leaders

or gaining some other lucrative office through political Godfathers during their

tenure as judges. Moreover, they should not be allowed to seek election to the

Parliament or contest for any other political office during the term of their office

after resigning from the office of a Judge. K. Subba Rao ex-chief Justice of India

resigned from the august office and contested for the President ship of India.

Naturally he had to pander to the opposition parties for support. Such a step

seriously impairs the independence of Judiciary as mind for election is to be made

much before election. Thus for a favour, the favours are apt to the doled out as

well.

(j) Immunities:

The actions and decisions of the judges in their official capacity are immune from

criticism. They may, however, be subject to critical academic analysis. In order to

maintain the dignity of the Court and to protect it from malicious criticism, the

Court has been empowered to initiate contempt proceedings against any alleged
offender and take appropriate action. The Court is, also authorized to stop any act

that might prejudicially affect its arriving at an impartial and independent decision.

(k) Appointment by the Executive:

Independence of judiciary to quite a great extent, depends on the method of

appointment of judges. Election of the judiciary by the people or the legislature,

would make it subservient to the whims of the masses or a tool in the hands of

legislators. The “Judiciary should be above suspicion and should be above party

influences.” Hence judiciary should be appointed by the executive.

Every judge of the Indian Supreme Court is appointed by the President, after

consultation with such of the judges of the Supreme Court, and the High Courts of

the State, as the President may deem necessary for the purpose. In the appointment

of a judge other than the Chief Justice, the President must consult the Chief Justice.

In actual practice, he is apt to be guided by ministerial advice as in all other

significant appointments. What can be its repercussion in the context of the latest

thinking of having ‘committed judiciary’ is not difficult to speculate. An example

established that government imbued with socialist ideas did not like to appoint

such people as judges who impeded socialistic progress and were reactionary in

their outlook.

The supersession of three judges viz., Messers J.M. Shelat, K.S. Hegde and A.N.

Grover and elevation of a junior Judge Mr. A.N. Ray to the post of Chief Justice of

the Supreme Court led to scathing criticism by the concerned and their adherents
that the President of India could make such appointments or effect such

promotions with extraneous considerations in view.

In this case three superseded judges had given verdict against the controversial

24th and 25th Amendments on April 24, 1973. Only two days later on the

retirement of Chief Justice, S.M. Sikri, a junior judge was promoted as the Chief

Justice. In the opinion of distinguished lawyers and judicial luminaries, this was

very unfortunate action on the part of the Executive since it impaired independence

of judiciary a great deal.

Judicial Review
Judicial review is the power of the court to review the laws passed by the
legislature and orders issued by the executive, when challenged by the affected
persons, and to declare them null and void, if they infringe the provisions of the
constitution. Judicial review holds in check legislature and the executive within
the limits laid down by law.
Judicial Review is a feature of countries with written constitution and
federal systems. Judicial review protects personal rights against legislative
and executive actions; states’ rights against national action; national rights
against state action; and respective rights of three branches of government
against one another.

Judicial Review in Presidential Govt (USA)


The doctrine of judicial review originated in USA in 1803 in a leading case of
Marbury v/s Madison, where chief justice Marshall ruled that court had the
power to declare the actions of the congress and the executive invalid.
Chief justice Marshall defined Judicial Review as “the examination by the courts
in cases actually before them of the legislative statutes and executive
administrative acts to determine whether or not they are prohibited by a written
constitution or are in excess of powers granted by it.” Judicial review essentially
means the courts of law have the power of testing the validity of legislative as well
as other governmental action with reference to the provisions of the constitution.
Justice Marshall derived this power of the court from the famous ‘Due Process of
Law’ clause of the American Constitution. One of the Bill of Rights in the
American Constitution is that ‘No person shall be deprived of his life, liberty and
property without due process of law’. American jurists claim that law in this clause
is akin to ‘Natural law’. Acc. to Daniel Webster the meaning of ‘Due Process of
Law’ is that ‘Every citizen shall hold his life, liberty, property and immunities for
the protection of general laws which govern society’. ‘Due’ in this caluse has been
taken to mean ‘what is just and proper’ and “Law’ as ‘Natural Law’. Delivering the
judgement, Justice Marshall observed that the ‘Constitution is the Supreme Law of
the land and the judges are bound by oath to give effect to a statute passed by the
Congress, which is clearly in conflict with the supreme law of the Constitution, it
must give preference to the latter and hold the former void and of no effect’. In this
way, the court plays a very important role not only in protecting the rights of the
people, but also in making the law which is usually known as ‘judge made law’.
They create law by trying to determine the exact meaning of law, expanding its
details and applying the general principles of justice, equity and morality.

Judicial Review in Parliamentary Govt. (India)


In India ,by basis of Article 32 and 136 of the Indian constitution Supreme Court
can exercise the power of judicial Review, similarly under Article 226 and 227
High Courts have the power of judicial review. Though the term judicial
review is not mentioned in the constitution, Article 13 entrust the courts of the
review power, it states
1) All laws in force in the territory of India immediately before the
commencement of this constitution, in so far as they are inconsistent with
the provisions of this part, shall, to the extent of such inconsistency, be void
2) The state shall not make any law which takes away or abridges the
rights conferred by this part and any law made in contravention of this
clause shall, to the extent of the contravention, be void.

In the Indian Constitution article 21 states the provision of ‘procedure established


by law’ rather than ‘Due Process of Law’ as it states- “No person shall be deprived
of his life or personal liberty except according to the procedure established by
law”. Here the term law does not means ‘natural laws’ but ‘state made laws’. In
other words the courts can only question the procedure, and if the procedure has
not been followed, the court can declare the Act as unconstitutional. Further, the
Supreme Court can declare any legislation as ultra vires or void if it violates the
provision of the Constitution.
a. The first case in which the Supreme Court exercised the power of judicial
review is knowns as A.K. Gopalan v. State of Madras (1950). In this case the
validity of the First Amendment of the Constitution as well as of the
Preventive Detention Act were challenged on the ground that they violate
the Fundamental Rights of citizens. But the Supreme Court upheld the First
Amendment of the Constitution and accepted the plea that the Parliament of
India under Article 368 is empowered to amend any part of the Constitution
including those of fundamental rights.
b. The question of the amenability of fundamental rights came before the
Supreme Court of India in the cases of Shankari Prasad v. Union of India
(1951) and Sajjan Singh v. State of Rajasthan (1965), and the Supreme
Court took the position that ‘the fundamental rights of the individual under
the Constitution- though sacrosanct and constituting limitations on the
power of the executive and legislature- are not immutable and absolute in
character but subject to Parliament’s power to amend the Constitution under
Article 368.’
c. A very significant and a contrary view was taken by the Supreme Court in
the case of Golaknath v. State of Punjab (1967) ascribing ‘inviolability and
transcendentality’ to the individual’s fundamental rights under the
Constitution. The court held that it is beyond the competence of Parliament
acting under Article 368 to take away or abridge the fundamental rights.
Pronouncing the judgement, the then Chief Justice Subba Rao made a
distinction in the term ‘law’ used in Article 13(2) and in Article 368, i.e. the
term ‘law’ used under Article 13 (2) is a constitutional law and the term used
in Article 368 simply deals with the procedure and it does not confer any
power on Parliament to amend fundamental rights. The Supreme Court
further held that fundamental rights are natural rights or moral rights which
every human being ought to possess. Acc. to the judgement, “The
Parliament will have no power from the date of this decision (27 Feb, 1967)
to amend any of the provisions of Part III of the Constitution so as to take
away or abridge the fundamental rights.”
d. However, the majority judgement delivered in the case of Golaknath v. State
of Punjab was overruled by the Supreme Court itself while pronouncing the
judgement in the case of Kesavananda v. State of Kerala (1973) and the
Supreme Court held that Parliament is empowered to amend any part of the
Constitution including the fundamental rights but cannot alter the basic
structure of the Constitution and thus limited the amendment power of
Parliament.
e. Public Interest Litigation cases: In the last few years the Supreme Court has
shown a great interest in Public interest litigation cases like those of Agra
Protection Home cas, Bihar Undertrial Prisoners’ case, etc.

The Supreme Court’s power of judicial review is limited to some extent and the
factors which limit its power can be explained as follows:
1. The Supreme Court is to examine the cases on the basis of ‘Procedure
established by Law’ and not ‘Due Process of Law’.
2. It cannot pronounce a judgement on the legality of a declaration of
Emergency by the President
3. The ‘aid and advice’ given by the Council of Ministers to the President is
not subject to judicial enquiry.
4. The Speaker’s decisions are final and are not under the purview of the Court.

Role and significance of Political institutions: Political Parties, Pressure


Groups and Interest Groups

Political Party
A political party is generally described as an organized body of people who share
common principles and cherish certain common goals regarding the political
system. A political party operates and seeks political power through constitutional
means to translate its policies into practice. It is a body of like-minded people
having similar views on matters of public concern. Gilchrist defines a political
party as “an organized group of citizens who profess or share the same political
views and who by acting as a political unit, try to control the government”.
Another definition given by Gettell is: “a political party consists of a group of
citizens, more or less organized, who act as a political unit and who, by the use of
their voting power, aim to control the government and carry out their general
policies”. From these definitions it is clear that political parties are organized
bodies and are primarily concerned with the acquisition and retention of power.

Polities parties can be classified into four groups according to their aims, policies
and the method adopted by them to achieve their goals. They are
1. Conservatives
2. Liberals
3. Reactionaries
4. Radicals
Apart from this, there are also leftists and rightists. Parties which opt for radical
changes and fro the introduction of radical legislations are called leftists, and those
which are desirous of slow, steady and smooth changes regarded as rightists,
sometimes even within the same parties there are two wings rightists and leftists.
For example, in Communist Party of India, there are two groups namely the
Communist Party of India (Leftists) and Communist Party of India (Rightists).
1. the number of parties dominating the political scene one party, two party or
multiparty.
2. the main structure and characteristics of the party-charismatic leader-oriented
party, ideology-oriented party and interest oriented party.
3. the geographical area of influence and penetration. (especially in a feudal
polity)- that is national party, transregional party, regional party and local party.
4. fourfold types of party structure suggested by Maurice Duverger- the caucus, the
branch, the cell and the militia.

SINGLE PARTY SYSTEM: A single party system is a system in which there


will be only one political party in a country. The law of the land will not allow
rivals. The Russian Revolution in the beginning of 20th century was the main
cause for the emergence of single party system. Best example for this system is
communist China.
Merits:
1. The government can be run efficiently without wasting time in discussion and
controversies. 2. There is high national discipline.
3. There is no political rivalry.
4. Tremendous all around progress is possible

Demerits :
1. There will no difference between the party and the government.
2. Under this system, legislature may be law-making body with no change of frank
discussion and deliberation.
3. The state with a single party rule will lead to authoritarianism and
totalitarianism.
4. People are ruthlessly suppressed.
5. There will be no place for dignity of human personality. 6. No change for
enjoying rights by the people.

TWO PARTY SYSTEM: The two party system is the one in which there will be
two political parties one is the ruling party and the other is the opposition party,
example of two party systems are,
1. England – There are two parties in England the conservative party and
Labour party.
2. U.S.A – The Democratic Party and the Republican Party.

Merits
1. In a parliamentary government, the two party systems provides for stable
government.
2. A real representative government is possible only in a two party system.
3. Since parties are well organized, they held to mould public opinion.
4. Voters are well aware of policies and programmes of the parties of which
they
5. The opposition party is playing constructive role. It points out the
commissions and omissions in the policies and acts of the government.

Demerits of two party


1. It gives rise to dictatorship of the cabinet and lower the prestige of
legislature.
2. There will be possibility of despotism of ruling party.
3. Representation of various interests and minorities is denied.
4. It gives rise to blind devotion and allegiance to the party and the leaders.
MULTI PARTY SYSTEM
A multiparty system is the one in which there will be more than parties in a state

1. The possibility of cabinet dictatorship is rule out.


2. There is greater individual freedom, and all shades of opinion can be
expressed through various political parties.
3. Adequate representation to various interests in a state is accorded in
multiparty system.
4. The voter has wider choice in the two party system.

Demerits.
1. There will be no stable government.
2. Multiplicity of political divisions and parties may create chaos.
3. Parties divide people into hostile groups.
4. No ministry will be able to do any good work for the people. Coalition
ministries will exist precariously for a short time.
5. Fraud in the buying of votes will undermine political morality

Pressure Groups
Prof. S. Finer has characterised these groups as ‘anonymous empire’ whereas
Richard D. Lambert is of the view that these are unofficial government, which
implies that no government can run without taking their view point into
consideration.

The presence and role of specific Pressure Groups augment and supplement the
role and purposes of the political parties. They are part of the wider political
process.

The pressure groups do not themselves want to form the Government, but they try
to influence the decisions of the Government. Thus, every pressure group has three
elements:
1. An organized group of people,
2. The common interests and
3. Exercise influence on the decisions of the Government.

In short, the pressure groups cause the legislators, or ministers or bureaucrats to act
in a particular way by offering arguments or employing other techniques as the
case may be.

It may be pointed out that the “pressure group” is a term applied to those interest
groups (e.g., Trade Unions like the I.N.T.U.C. and the C.I.T.U.) who use different
pressure tactics including extra-Constitutional methods (dharna and gherao) to
pursue their goals. All pressure groups are interest groups, but all interest groups)
e.g., the Federation of Indian Chambers of Commerce and Industry of FICCI) need
not be pressure groups. The term “interest group” is a neutral designation, but the
term “pressure group” implies coercion, putting weight to persuade and possible
abuse of influence. The pressure group has a derogatory flavor.

From the above, the nature of pressure groups becomes quite clear. In brief, their
characteristics are as follows:

1. The objectives of the pressure groups are very limited. That is, every
pressure group has one special interest which it seeks to promote. For
example, the Bank Unions fight for their rights, whereas the
KishanSabhas safeguard the interests of the farmers.
2. In India, the political institutions determine and shape the activities of
pressure groups and their main targets. In our parliamentary
democracy, since the Union Cabinet and Civil Service are more
effective, it is useful to get access to them. Therefore, the ministers, the
bureaucrats and certain party leaders are more important for effective
pressurizing.
3. The Indian party system greatly influences the pressure groups
activities. In our multiparty system, the coalition Governments at the
Centre are unstable ‘because they are formed by an alliance between
various parties. In such a situation the pressure groups do well. The
powerful industrial organizations and trade unions make a bargain with
the leaders of the various parties. For example—the Indian National
Trade Union Congress (INTUC) is close to the Congress Party and the
All India Trade Union Congress (AITUC) has strong ties with the
Communist Party of India. Again, in India’s multi-party system, due to
lack of party discipline and ideological commitment, the pressure
groups have worked more effectively among the elected representatives
—the legislators. And this has been the experience in the Indian
Parliament and in State Legislatures as well.
4. In India, the work of the pressure groups is determined by the political
culture of the country. It means the approach, attitudes, beliefs and
orientation of the citizens to political actions and towards the political
system. For example, India, by its traditional pattern of toleration of
different groups and approaches and in pursuance of its open society
approach, allows all types of pressure groups (associational,
institutional and ad-hoc) to work, including non-democratic groups.
5. The nature of the issue or problem which a pressure group is projecting
also conditions its method of work. For instance, in Indian political
system, if the Teachers Association is asking for a revision of grades,
its method of influencing and its target group would be different from
that of a trade union fighting for higher wages, or from a Chamber of
Commerce trying to get concessions on foreign exchange etc.
6. The activities of the pressure groups depend upon the economic system
as well. In our mixed economic system, the Chambers of Commerce
and the Manufacturer Organizations operate in a number of different
ways to exert pressure on the Union and State Governments in Indian
federalism.
7. In our democratic system, every pressure group by its own nature and
characteristic employs different approaches, methods and tactics. Big
business pressure groups like the Chambers of Commerce and Industry
sometimes make out as if what they are seeking to do is in national
interest. They are pursued more discretely and secretly. Trade Unions
(CITU, AITUC, INTUC, etc.) are more militant, organize gheraos and
dharnas; students and youth organizations (SFI) tend to get violent.
Service organizations (civil servants, scientific personnel etc.) establish
useful contacts with the bureaucracy.

The characteristics of the pressure groups reveal that the influence that a pressure
group can exercise depends on several factors. The most important factor is its own
organizational strength (for instance, the FICCI representing over one lakhs firms,
or the All India Manufacturers Organization representing a large number of smaller
industries etc.), and discipline and perseverance of its members in pursuing an
issue. Among other factors are its capacity to elicit people’s sympathy and support
for its cause, its access to decision-making bodies and its financial resources etc.
Thus the pressure groups provide a necessary link in the functioning of our
democratic political system and in extending the concept of representative
responsible Government.
Interest Groups
In almost all liberal democracies, there are several organized groups representing
the various interests of its citizens. They interact among themselves and with the
government. The presence and role of specific interest groups augment and
supplement the role and purposes of the political parties. They are the part of a
wider political process.
While parties are formal, open and are recognized part of the political system
competing for power the interest groups are informal, often secretive, concealed
and conspiratorial and sometimes even unrecognized entities.
An interest group represents the social, economic and political interest of a
particular segment in the polity like farmers, industrial workers, miners, business
and commerce, or professional group like medical practitioners, lawyers, teachers,
youth and students etc. its members have common objectives and share certain
similar values. They try to build public opinions in their favours and often canvas
support of party leader, legislature and government officials, in pursuance of their
objective.

There are broadly three types of Interest Groups:


1. Associational Interest Groups
2. Institutional Interest Groups
3. Adhoc Interest Groups

Associational Interest Groups: Examples are trade unions, chamber of commerce


and industry, shopkeeper’s association and lawyer organization etc.
Institutional interest groups: Examples are service organizations like defence,
police and civil service personnel, employees in educational institutions and
scientific laboratories and public sector units.
Adhoc interest Groups: Set up for a specific temporary demand demand and
transient interest, which is terminated on the attainment of its objective, like Vishal
Haryana movement, settlement of water dispute between Andhra and Tamilnadu,
settlement of boundary dispute between Karnataka and Maharashtra etc.

Functions of Interest Groups: The method and functional style of interest groups
vary in different political systems conditions by five factors.
1. Pattern of political institution
2. Nature of party system
3. Political culture and attitude of leaders and people.
4. The nature of issues and problem concerned
5. The character the type of the concerned interest groups.

Different types of party systems give rise to different form of interest group
activities. In countries where party system is weak, the interest groups work on
their own. In some countries these groups have closer relationship with the
political parties. The work of interest group is determined by the political culture
of the country. Every interest group by its own nature and characteristics employs
different approaches, methods and tactics.

Influence that interest group can exercise depends upon the several important
factors like its own organizational strength, discipline and perseverance of its
members in pursuing and issue.
Money is used by interest groups for legal and illegal activities. It is required to
promote public relation campaign, and of using the media to popularize the issue.
Payments of bribes to vulnerable officials, ministers, political parties, legislatures
etc., are not unknown methods of pressurizing.
Interest groups that work for larger human causes like peace, disarmament,
environmental protection, de-segregation and racial equality, human rights
decolonisation etc, pursue a different approach and method. They work by building
enlightened public opinion, by promoting an all-party consensus, by enlisting the
sympathy, good sense and compassion.
To sum up, unlike political parties, interest groups do not work for capturing
power. Their objectives are limited and specific. They provide necessary link in
functioning of democracy.

Unit IV
Democracy
The term democracy and the classical conception of democratic rule are firmly
rooted in Ancient Greece. Like other words that end in ‘cracy’ – such as autocracy,
aristocracy and bureaucracy – democracy is derived from the ancient Greek word
kratos, meaning ‘power’ or ‘rule’. Democracy therefore means ‘rule by the
demos’, demos standing for ‘the many’ or ‘the people’. In contrast to its modern
usage, democracy was originally a negative or pejorative term, denoting not so
much rule by all, as rule by the propertyless and uneducated masses. Democracy
was therefore thought to be the enemy of liberty and wisdom. While writers such
as Aristotle were prepared to recognize the virtues of popular participation, they
nevertheless feared that unrestrained democracy would degenerate into a form of
‘mob rule’. Indeed, such pejorative implications continued to be attached to
democracy until well into the twentieth century.
Democratic government has, however, varied considerably over the centuries.
Perhaps the most fundamental distinction is between democratic systems, like
those in Ancient Greece, that are based upon direct popular participation in
government, and those that operate through some kind of representative
mechanism. This highlights two contrasting models of democracy: direct
democracy and representative democracy. Moreover, the modern understanding of
democracy is dominated by the form of electoral democracy that has developed in
the industrialized West, often called liberal democracy. Despite its undoubted
success, liberal democracy is only one of a number of possible models of
democracy, and one whose democratic credentials have sometimes been called into
question. Finally, the near universal approval which democracy currently elicits
should not obscure the fact that the merits of democracy have been fiercely debated
over the centuries and that, in certain respects, this debate has intensified in the late
twentieth century.

Direct and indirect democracy


In the Gettysburg Address, delivered at the time of the American Civil War,
Abraham Lincoln extolled the virtues of what he called ‘government of the people,
by the people, and for the people’. In so doing, he defined between two contrasting
notions of democracy. The first, ‘government by the people’, is based upon the
idea that the public participates in government and indeed governs itself: popular
self-government. The second, ‘government for the people’, is linked to the notion
of the public interest and the idea that government benefits the people, whether or
not they themselves rule. The classical conception of democracy, which endured
well into the nineteenth century, was firmly rooted in the ideal of popular
participation and drew heavily upon the example of Athenian democracy. The
cornerstone of Athenian democracy was the direct and continuous participation of
all citizens in the life of their polis or city-state.

As noted democracy is of two kinds. One is direct democracy and the other is
indirect democracy. The chief direct democratic devices are :
1. Initiative
2. Referendum
3. Recall
The devices are followed by Switzerland, which practices direct democracy. They
are followed in some other countries also.
1. Initiative : Initiative is a method, which enables the voters to bring to the
notice of the government of the need to bring in legislation in any subjects
on which the government has not enacted a law. There are certain
procedures prescribed and minimum requirement to be fulfilled for
initiative. One of the important conditions is that a minimum of 50,000 votes
should submit a bill asking the government to enact a law of the choice of
the voters. Government may or may not accept, because this proposal of the
people should have the support of the majority of the voters of the nation.
2. Referendum : Referendum is a procedure according to which laws enacted
by the national parliament are referred to acceptance of the lectors. Electors
may accept or reject the enactment. If the electors accepted the enactment it
will become a law. Referendum is of two kinds. One is compulsory
referendum and the second is optional referendum. For this also there are
certain procedures to be followed.
3. Recall : In democracies voter elect their representatives in the elections to
various bodies such as legislatures, local self – government, councils and a
few governing agencies. Once elected these representative hold offices for
the entire duration of the life of the body concerned. Representatives
sometimes do not perform their duties and discharge their responsibilities. If
the electors are not happy, with their representative they cannot compel them
to do the same. They have to wait till the next elections to remove such
members from office. Therefore a demand has arisen for removing such
representatives and electing new faces in their place. This method of
removing the representatives before the completion of their terms and
electing new persons is called the method of “Recall”. This is practiced in
some countries the Switzerland and the United States of America.

Representative democracy is, at best, a limited and indirect form of democracy. It


is limited in the sense that popular participation is both infrequent and brief, being
reduced to the act of voting every few years, depending on the length of the
political term. It is indirect in the sense that the public is kept at arm’s length from
government: the public participates only through the choice of who should govern
it, and never, or only rarely, exercises power itself. Representative democracy may
nevertheless qualify as a form of democracy on the grounds that, however limited
and ritualized it may appear, the act of voting remains a vital source of popular
power. Although representative democracy may not fully realize the classical goal
of ‘government by the people’, it may nevertheless make possible a form of
‘government for the people’.

Characterestics
The pillars of democracy :
1. Sovereignty of the people.
2. Government based upon consent of the government.
3. Majority rule.
4. Minority rights.
5. Guarantee of basic human rights.
6. Free and fair elections.
7. Equality before the law.
8. Due process of law.
9. Constitutional limits on government.
10.Social, economic, and political pluralism.

Representation
Modern democratic theories are closely bound to the idea of representation. As
stressed earlier, when citizens no longer rule directly, democracy is based upon the
claim that politicians serve as the people’s representatives. However, what does it
mean to say that one person ‘represents’ another? In ordinary language, to
represent means to portray or make present, as when a picture is said to represent a
scene or person. In politics, representation suggests that an individual or group
somehow stands for, or on behalf of, a larger collection of people. Political
representation therefore acknowledges a link between two otherwise separate
entities – government and the governed – and implies that through this link the
people’s views are articulated or their interests are secured. The precise nature of
this link is, nevertheless, a matter of deep disagreement, as is the capacity of
representation ever to ensure democratic government.
Types of Representation
A. Territorial- The usual basis of representation is territory. The country is
divided into a number of constituencies, which are, by and large, same or
similar in size and population; there may be, and generally there are some
variations and differences but they are not very great or significant. All
voters living in a particular constituency take part in the election of a
representative or representatives from that area. This is known as the system
of territorial representation.
The territorial constituency system is said to have a number of merits.
Firstly, it secures representation to all the different regions of the country.
Secondly, the system is simple and helps to establish an active and
continuous relationship between the representative and his constituents.
Thirdly, local or regional interests are properly served.
B. Proportional- The usual system of representation is election through single
member constituencies and by simple majority vote. The system often
results in serious anomalies, for instance, in a multi candidate contest a
member is elected by less than 50% of votes cast and also by less votes than
totalled by the defeated candidates, or when a political party obtains an
overwhelming majority of seats in the legislature while getting even less
than 40% of the votes polled.
So another scheme, known as Proportional representation has been
suggested. Under this scheme, constituency is large in area and returns
several members; a candidate would be elected by obtaining a quota. There
are 2 varieties of proportional representation-
1. Single Transferable Vote/ Hare Plan- In this constituencies are
multi member with a minimum of 3 seats, no maximum has been laid
down but 10 to 15 may be considered as reasonable and more than
enough. The voter however, has only one vote and (as in the
Preference vote) he indicates his choice or preference for candidates
by marking 1, 2, 3, etc against their names. To get elected, a candidate
has to obtain the quota, which is determined in accordance with the
following formula-
Quota= _Valid Votes_ + 1
Number of Seats +1
The quota is , thus obtained by dividing the number of valid votes
polled by the number of seats to be filled in plus one, and then by
adding one to the quotient. If for eg.there is a 3 membered
constituency and the number of votes actually cast is 8000, then the
quota will be equivalent to 8000 + 1= 2000 + 1= 2001
3+1
A candidate who obtains the quota or more than the quota of first
preference votes is declared elected; in case no one gets the quota of
first preference votes, the candidate at the bottom list of first
preference votes is eliminated and his votes transferred to others in
accordance with second preference of the voters. Similarly, the
surplus first preference votes of the elected candidates are transferred
down the list. The process of redistribution of votes continue until the
number of candidates securing the quota equals the number of
representatives to be elected.
The system is named after Thomas Hare who first advocated it in
1859. In India it has been adopted for the election of members of the
Council of States or the Rajya Sabha by the State Assemblies and also
for the election of the President.
2. List System: According to List system each party is allowed to put a
list of candidates equal to the number of seats to be filled up. The
voter casts his vote not for individual candidate but for the whole list.
The seats are divided between the parties in proportion to the number
of votes obtained by each list.
The quota or the number of votes required to get a candidate is
determined as in the Hare System, and the number of seats to be
allotted to a party is then determined by dividing the total number of
votes obtained by the party by the quota. The resulting figure
determines the number of seats which a party would get. If for
instance, the quota is 15,000 and a list gets 90,000 votes, the first six
names in that list would be declared elected.
C. Functional- The functionalists hold that nobody can represent the will of
others (Rousseau had argued) but one can represent their functions and
functional problems. People engaged in the same kind of activity or work,
though living in different territorial areas, have more things and ideas in
common than people living in the same locality. Representation should
therefore, be on functional basis.
Supporters- G.D.H. Cole, Mussolini.
D. Minority Representation- J.S. Mill said “In a real equal democracy every
and any section would be represented not disproportionately, but
proportionately. A minority of the electors would always have a minority of
representatives...Unless they are, there is not equal government, but a
government of inequality and privilege…”
The term ‘minority’ in common parlance stands for a group of persons
numerically smaller than others. In the social sciences and in actual politics,
it has acquired a specific meaning, namely, a group which is held together
by the ties of common descent, language or religious faith and feelings and
which regards itself as different from the majority of the inhabitants of the
country or region concerned. It is in this sense that the Hindus are a
‘minority’ in Punjab and in the State of Jammu & Kashmir though they are
the dominant majority in the country as a whole. Muslims and Sikhs are a
‘minority’ in the country but in Punjab the Sikhs are the majority community
and the Muslims are the ‘majority’ in Jammu & Kashmir.
A number of devices and systems have therefore been suggested and
employed to secure adequate representation to the minorities, not so much as
to appease them as to make the legislature truly representative and, in Mill’s
concept, democratic.
1. Limited Vote - Under this system the country is divided into multi-
member constituencies with at least three seats and each voter is
allowed to vote for a smaller number of candidates than there are
seats. If for instance there are 3 seats, he can vote only for 2
candidates. There is also a further restriction; he cannot give more
than one vote to any single candidate. The system has been tried in
Portugal and some of the American states, and it has been found that
while it ensures minority representation, it does not secure
proportional representation of minorities. It is weighed in favour of
fairly large minorities.
2. Cumulative Vote: Under this system an elector can cast as many
votes as there are representatives to be elected. Moreover, he is
allowed to distribute his votes, or to cumulate, or give all his votes to
one single candidate. This system ensures that a minority can get a
candidate of its choice elected by concentrating all its votes on him.
But it does not secure proportional representation of the minorities.
There is wastage of votes as the ‘minority’ candidate generally gets
much more votes than he requires
3. Second Ballot System: In this system, if there are only 2 candidates
(which is rare), the candidate securing a simple majority is elected.
When however, there are more than 2 candidates and nobody secures
an absolute majority, the candidate securing the least number of votes
is eliminated and a new vote or ballot takes place. This gives an
opportunity to the supporters of the eliminated candidate to have
another and a fresh choice between the remaining candidates. There
may be a third and fourth ballot if necessary.
4. Alternative/Contingent of Preferential Vote: In this, there is only
one election. Every voter is to indicate his choice of candidates in
order of preference; and a candidate is declared elected if he obtains
an absolute majority of first preference votes. In case no candidates
secure an absolute majority, the candidates securing the least number
of first preference votes is eliminated and his votes transferred to the
candidates in accordance with the second choice of the votes. The
candidate who now gets an absolute majority is declared elected; in
case none gets thus elected, the procedure of elimination of the
candidate at the bottom of the list and the redistribution of his votes is
repeated until and unless one candidate gets an absolute majority and
is declared elected. This method however, again does not ensures
proportional representation.

Public Opinion
Public opinion plays a vital role in modern democracy. In fact democracy has been
defined as government by public consent or government responsive to public
opinion. Even in dictatorship, government attaches much importance to public
opinion. Public is defined as the expression of all those members of a group who
are given attention in any way to a given issue. Opinions maybe reflected in an
election, a policy decision of formal legislative enactment.

Lord Bryce- “the term is commonly used to denote the aggregate of the views
men hold regarding matters that affect or interest the community. Thus understood,
it is a mixture of all sorts of different notions, beliefs, fancies, prejudices,
Aspirations.”

Lasswell- “In order that an opinion may be public a majority is not enough, and
unanimity is not required, but the opinion must be such that while the minority
may not share it, they feel bound by conviction, not fear to accept it and if
democracy is complete, the submission of minority must be given ungrudgingly.”

Public opinion consists of the following elements:


1. It need not be unanimous
2. It is the opinion of an overwhelming majority
3. It is related to issues of general importance.
4. It is not selfish but motivated by general welfare.
5. It is active and dynamic. It may be based on reason, or on some conviction,
or it may be the outcome of strong feelings and emotions

Importance of Public opinion: Public opinion is a tremendous social and political


force not be ignored in the modern world. All parties give greater importance to
public opinion. They feel that the money invested to create public opinion is good
for them and the country.
Success of any government depends upon how it wins the opinion of the people.
Vigilant public opinion is necessary for a successful democracy. Public opinion
very much limits the power of rulers. Decision taken against public opinion will be
detrimental to party and the government in power.
Formation of Public Opinion: For the formulation of a sound or healthy public
opinion it is necessary that education should be widespread and that education
should make people broad minded and mentally alert so that people are able to
understand the great issues of politics and are capable of arriving at a consensus.
The press should be honest and independent and committed to general welfare.
Political parties should be organized on the basis of political and economic
principles. The govt should attempt to remove glaring social inequalities, if
widespread in society, create irreconcilable differences and obstruct the
development of a national outlook.

Conditions Necessary for Public Opinion:


1. People's capacity to think
2. Interest of people in national problem
3. Formation of groups
4. Initiative by political leaders.
5. Role of writers.
6. Homogeneity and community interest.

Agencies For the Formation of Public Opinion

1. Family- The first to influence the individual is the home into which he is
born. There he/she unconsciously absorbs and imbibes the ideas and ideals
held by his parents and other senior members of the family. It is in the
family that the child’s political outlook and personality are given a
rudimentary shape and this is done through willing or unwilling
indoctrination, through the social and political milieu of the family, and
through the overall moulding of his personality.
2. Educational Institutions- A properly organized educational system with a
competent batch of teachers creates a spirit of free enquiry, active
citizenship, and intellectual independence so essential for a proper
understanding of public affairs, and for the healthy working of a free
democratic society. The more extensive and intensive an individual’s
education, the greater is the likelihood that he would be aware of the impact
and importance of politics and government. Policies, that he would have
more political information and a greater interest in public affairs, and that he
would be more active in the formulation of public opinion through
participation in voluntary organizations and political discussions with a wide
range of people.
3. Religions & Cultural Associations- religious, cultural and economic
associations influence the formation and stabilization of public opinion.
Religious faith, cultural homogeneity, family tradition and economic interest
go a long way in determining the attitude and approach of a group in society.
Society is a federation of groups and these groups hold opinion which vary
from one group to another. These groups are constantly trying to widen their
sphere of influence by convincing the people of the desirability of their way
of thinking as well as their way of life.
4. Mass Media: This includes the print media and the audio visual media like:
Radio, Television, Cinema. The press educates and creates public opinion,
both directly and indirectly through its editorials, special editions and
articles, Sunday and other supplements, the publication of news and the
importance or coverage given to them; indirectly by ignoring certain kinds
of news or by playing them down. The press is also a good medium for
keeping the public informed about the performance and activities of
governmental agencies, and the implementation of governmental policies
and programmes. It is also a channel for keeping the govt informed about the
views, grievances and demands of the public in general and, of private
citizens in particular cases.
Cinema has been a traditional area of entertainment and learning. In a subtle
way it influences public opinion. It is the most effective mass media. The
audio-visual methods, which they employ, can influence even the illiterates.
In home, in office, in market and street corners the media’s presence have
altered the entire pattern of communication and of social life. Electronic
media plays direct and indirect part in projecting and building public
opinion, by increasing the level of information, expanding awareness and
making available many points of views and approaches.
5. Local Institutions: A local self govt is defined as a small unit constituting
the broad base of a governmental pyramid for purposes of convenient and
efficient administration. A State is divided into small subdivisions. These
subdivisions are constituted in small self governing units. Locally elected
and democratically operated, these local bodies are vested with some
administrative powers in respect of local affairs. They are given power to
administer education, roadways, parks, public health, etc. in their local areas.
They are also empowered to make by laws and charge taxes from the people
inhabiting that area.
Municipal bodies are legislature in miniature, where a citizen gets a taste of
politics and parliamentary institutions. They create a sense of responsibility,
self reliance and public consciousness which are very essential for a
democracy. It is here that the citizen comes into contact with the impact and
importance of public opinion in the management of public affairs.
England is considered as the first country where local self government was
given its first trial.
6. Pressure Groups- There are organized groups which operate in a society
and which often exercise an important influence on the government and
politic of a country. They are organized on a rather limited or a single point
basis, such as business, profession, industry, etc. Their main object is to
protect the interest of their group, to focus public attention on their peculiar
or particular problem, and to lobby or exert pressure upon legislators,
administrators or political leaders to attend to their problems and redress
their grievances. They are called ‘pressure groups’.
Their primary aim is the projection of their point of view and the promotion
of their interest by modern means of techniques and communication, and not
the making or unmaking of the government. Whatever be the form of govt,
their main interest or function is to win friends and influence people.
7. Political Parties- There are various function of the political parties. They
not only contest elections to capture power but also perform education
functions of considerable significance. They serve to stimulate the interest of
the voter in public affairs through political meetings, pamphlets, circular,
newspapers, radio,t.v., and personal canvassing.
Thus, political parties create, organize and disseminate public opinion and
therefore constitute the backbone of a democratic order.

Rule of law vis a vis Rule of Life


The rule of law is a constitutional principle respected with almost devotional
intensity in liberal-democratic states. At heart, it is quite simply the principle that
the law should ‘rule’, that it should provide a framework within which all citizens
act and beyond which no one, neither private citizen nor government official,
should go. The principle of the rule of law developed out of a long-established
liberal theory of law. From John Locke onwards, liberals have regarded law not as
a constraint upon the individual but as an essential guarantee of this liberty.
Without the protection of law, each person is constantly under threat from every
other member of society, as indeed they are from him. The danger of unrestrained
individual conduct was graphically represented by the barbarism of the ‘state of
nature’. The fundamental purpose of law is therefore to protect individual rights,
which in Locke’s view meant the right to life, liberty and property.
The supreme virtue of the rule of law is therefore that it serves to protect the
individual citizen from the state; it ensures a ‘government of laws and not of men’.
Such an idea was enshrined in the German concept of the Rechtsstaat, a state based
on law, which came to be widely adopted throughout continental Europe and
encouraged the development of codified and professional legal systems. The rule
of law, however, has a distinctively Anglo-American character. In the USA, the
supremacy of law is emphasized by the status of the US Constitution, by the
checks and balances it establishes and the individual rights outlined in the Bill of
Rights. This is made clear in the Fifth and Fourteenth Amendments to the
Constitution, which specifically forbid federal or state government from denying
any person life, liberty and property without ‘due process of law’. The doctrine of
‘due process’ not only restricts the discretionary power of public officials but also
enshrines a number of individual rights, notably the right to a fair trial and to equal
treatment under the law. Nevertheless, it also vests considerable power in the
hands of judges who, by interpreting the law, effectively determine the proper
realm of government action.
By contrast, the UK conception of the rule of law has seen it as typical of
uncodified constitutional systems, within which rights and duties are rooted in
common law, laws derived from long-established customs and traditions. The
classic account of such a view is found in A.V. Dicey’s Introduction to the Study
of the Law of the Constitution ([1885] 1939). In Dicey’s view, the rule of law
embraces four separate features. First, no one should be punished except for
breaches of law. This is the most fundamental feature of the rule of law because it
distinguishes between rule-bound government and arbitrary government,
suggesting that where the rule of law exists government cannot simply act as it
pleases; for instance, it cannot punish citizens merely because it objects to their
opinions or disapproves of their behaviour. Second, the rule of law requires what
Dicey called ‘equal subjection’ to the law, more commonly understood as equality
before the law. Quite simply, the law should be no respecter of persons, it should
not discriminate against people on grounds of race, gender, religious creed, social
background and so forth, and it should apply equally to ordinary citizens and to
government officials. Third, when law is broken there must be a certainty of
punishment. The law can only ‘rule’ if it is applied at all times and in all
circumstances; the law rules only selectively when some law-breakers are
prosecuted and punished, while others are not. Finally, the rule of law requires that
the rights and liberties of the individual are embodied in the ‘ordinary law’ of the
land. This would ensure, Dicey hoped, that when individual rights are violated
citizens can seek redress through the courts.

Unit V Institutions and Political Processes operating in India


Indian Party System
In every state, party system is the product of its historical evolution, civic tradition,
cultural orientation and economy. In India the nature of party system is based on
the nature of state diversities of regional cultures, wide geographic area demands
of social change and economic development. In India party system originated in
the late 19th century as a response to the British colonial rule. During this period
the party system represented an assertion of national solidarity for national
liberation and a vision for new India. The beginning of the Indian party system can
be traced to the formation of the Indian National Congress as a political platform in
1885. Later various other parties were formed. The policy of divide and rule and
the introduction of separate communal electorate led to the formation of the
communal and caste based parties like Hindu Mahasabha, Muslim League, Akali
Dal, etc. The political parties everywhere endeavor to replace the traditional power
structure. In Kerala and, as a matter of fact in the whole of India, the traditional
power structure was threatened by five factors- the nationalist movement, adult
franchise, land reforms, trade unionism and political parties. The nationalist
movement sought to unify society and promised the introduction of adult franchise
at the down of independence. Land reforms and trade unionism radically altered
the relations between individuals, groups and more than anything between the
owner of the means of production and the worker. The political parties by the
maintenance of discipline and the possession of the capacity for the distribution of
favour made onslaughts on the traditional power structure. The successful
democratic functioning of any government depends upon the healthy political party
system. Bryce has remarked that “political parties are inevitable” for the successful
working of democracy.

In terms of geographical spread there are four types of parties. They are national
parties, regional parties, trans-regional parties and local parties. Since the second
general elections to LOK SABHA in 1957, Election Commission of India has
recognised several parties as national parties, on the formula that they should have
secured not less than 4% of total valid votes in the previous general election, at
least in four states. Examples of national parties are, Congress Party, Bharatiya
Janata Party, Communist party of India (CPI) and Communist party of India
(CPM).

CASTE PARTY: Generally people are divided into groups on the basis of area,
profession, caste, community, religion and race. Sometimes they are divided on the
basis of colour of the skin. In India people belong to various groups. Caste is one
such group. This kind of division of the people is found mostly in India only. There
are several caste groups throughout India. The main reason for this is to be found
in the varnashrama dharma of the Hindu religion. Generally major political parties
do not support caste groups. However in indicate plays a dominant role in politics
and also in elections to representative bodies. Caste is an uniting factor. People
belonging to every group support the party leaders and candidates belonging to
their caste. The need for caste party is to secure certain benefits and advantages
from the government to people of their caste. In Tamilnadu also there are many
caste parties, which exert influence on major political parties for getting the things
they wanted. This is the sum total of a caste party.

REGIONAL PARTY: The emergence of regional parties in India has a geopolitical


rationale. Under conditions of democratic culture there are socio-economic and
ethnic diversities, which are specific to different regions in India. Examples are
Assam, Nagaland, Mizoram, Punjab, Orissa, Andhra Pradesh and Tamil Nadu.
Each of these regions with a regional outfit seeks and aspires for political
autonomy. These outfits press for the development of their region in a federation
like India.
The first type: There have been three types of regional parties in India. Among
them the first type is that of groups formed by congress dissidents. They were all
short lived and often served a temporary purpose or cause. This gave the group
strength for bargaining. Eg. Bangla Congress, Kerala Congress, the Utkal congress
and Telangana Praja Committee.

The second type: Are tribal parties as focal points of building a tribal political
identity and as a platform for obtaining more concessions from the center. They
had often talked even of concessions from the center. They had often talked even
of session from India, and demanded complete independence. Examples of this
trend are militant movements like the Naga National Council, Mizoram National
Front, Garo National council, Manipur National People's Party etc.

The third type: Are larger political formations in ethnically, culturally and
linguistically defined regions like Tamil Nadu, Andhra Pradesh, Punjab, Jammu &
Kashmir and Assam. These parties are bigger in their composition, well knit in
their organization and more stable in their role as important components of the
multi-party system in India. Because of their electoral majority they have capacity
to send their members to Lok Sabha and Rajyasabha and play critical role as a
balancing factor between ruling party and major opposition parties in parliament.
Examples of their types are : DMK, AIADMK, ASSAM GANA PARISHAD.

COMMUNAL PARTY: A party political or otherwise formed on the basis of


communal feelings and beliefs is known as a communal party. Like he caste party,
communal party has its origins in the division of people or the society on grounds
of caste distinctions. The motive behind the formation of a communal party is to
secure some benefits from the major communities and also from the government of
the country. Communal parties are always selfish and partisan. They generally act
against the interest of other groups and therefore not supported by parties, which
do not have faith in race, religion and colour of the people. Communal parties
should not be encouraged as they are against national spirit.

MAIN FEATURES OF INDIAN PARTY SYSTEM


Indian party system is different from the party system in the western democracies.
Some critics say that India has parties, but no party system. They argued that there
are many political parties, big and small in the country. At the same time there is
nothing like emotional or psychological attachment of the people to a particular
party or parties. Main features of the Indian party system are the following:
1. One Dominant Party System : India in the words of Morris Jones, is not
a ‘one party state’ but it is a ‘one dominant party system’, since
independence a large number of parties came into being, but the Congress
has managed to retain a dominant position. The Indian National Congress
enjoyed wide popular support all over the country till 1967 election. It was
the ruling party at the Centre between 1947 and 1977, 1980-1989, and 1991-
1996. Towards the last decade of both centuries, Indian party system took a
new turn with a multi –party system dominated by the regional parties. Even
after the split of 1969, the Congress under the leadership of Mrs. Indira
Gandhi, managed to maintain its dominant position at the Centre as well as
in most of the states. In the 1971 election to the Lok Sabha Mrs. Gandhi
swept the polls and the Congress returned to power with a three –fourth
majority. An extra constitutional centre of power was created under the
leadership of her younger son. Sanjay Gandhi. This character of the
Congress party led to the declaration of internal emergency in 1975. Another
election was hold in March 1977, which led to the defeat of the Congress.
With the disintegration of the Janata Party in 1979, Mrs. Indira Gandhi again
came to power in the 1980 LokSabha elections. In 1984 Rajiv Gandhi came
to power as a result of the assassination of Mrs. Gandhi. In the 1989
election, the National Front under the prime ministership of Sri.V.P. Singh
came to power by defeating the Congress under Rajiv Gandhi. The Congress
under the leadership of Prime Minister P.V Narasimha Rao came to power
as a result of 1991 elections. In 1996 election United Front under the
leadership of Deva Gowda and later I .K Gujral came into power at the
Centre. The eleventh LokSabha came to an end in December 1997. In the
1998 and 1999 LokSabha elections no single party got majority. A United
Front under the leadership of Atal Bihari Vajpayee formed the government
with the support of number of parties. Since 1998 Indian party system
became a multi-party system with coalition government
2. Mushroom growth of political parties: There has been a mushroom
growth of national, regional, communal and personalist political parties in
India. No other democratic country has such a multiplicity of parties. Most
of them came into existence after the disintegration of the Janata Party in
1979. Today the Congress [I], The Communist Party of India, Communist
Party of India [Marxist], The BharatiyaJanata Party and the Janata Dal,
BahujanSamaj Party and National Congress Party are the only parties of
national significance.In India, the law does not regulate the formation and
functioning of political parties most of the political parties have no mass
base.
3. Regional political parties: Another feature of the Indian party system is
that each state has its own political parties. Most of these regional parties
have no ideological commitments. They represent the interest of particular
linguistic, religious, regional, and ethnic, caste or cultural groups. Some of
them are communal in character, others are openly separatist. Most
important regional parties are National Conference in Jammu & Kashmir,
DMK and AIADMK in Tamil Nadu, Akali Dal in Punjab, Telugu Desam in
Andhra Pradesh, Kerala Congress and Muslim League in Kerala etc.
4. Role of caste and communal parties: Caste and community play an
important role in the working of the Indian party system. Some parties are
openly communal in character. The other parties which claim to be secular
are not free from caste and communal considerations. Every party chooses
its candidates according to the caste and communal composition of the
constituency. Every appeal to the voters as well as selection of ministers is
on caste on communal basis.
5. Lack of ideological commitment: Ideology is considered to be the core
of a political party. It is necessary for mobilizing its organization and to
motivate its members. Despite functioning on the basis of ideological
commitment, almost all political parties in India have stood to capture power
to get power; the parties are ready even to sacrifice their ideology. Every
party swears by Gandhism, democracy, socialism and secularism. Every so
called secular party join hands with communal or caste parties in the
formation of governments. In 1977, Jana Sangh was a constituent of the
Janata party supported by communist parties, Muslim League and so on.
6. Role of individuals: Certain individuals of personalities dominated
Indian parties. The leader of the party is often elected by its members but
once elected the party functions according to the wishes and fancies of the
leader. Some of the parties bear the name of their leader. For example,
Congress [I] ,Congress [S], Lok Dal[A], Lok Dal[B], Kerala Congress[M][J]
and so on .
7. Defection: Defection is a pervasive feature of Indian Party System. When
India became independent there were two major parties only, Indian
National Congress and the Communist Party of India. They were
organizationally well built and commanded loyalty of their members. Today
there is no such thing as party loyalty. Political defection has ruined the
Congress and all other party that came into existence after independence.
This epidemic led to the passing of the anti –defection Act 1985.
8. Organisational drawbacks: Except the communist parties and the BJP
no party in India can claim some sort of party organization. Other parties are
mere crowds without definite membership, organization or discipline. Most
parties maintain no membership registers, keep no accounts and hold no
organizational elections. The office bearers of these parties are either self-
appointed or nominated by top leaders.
9. Fragmented opposition: The opposition in India is unable to constitute
an alternative to the ruling party. They have neither been able to a strong
opposition nor have they succeeded in creating a United Front in 1977, for
the first time the Janata constituted by a member of parties came to power
but within two years it failed and disintegrated. Even today the opposition is
not in a position to form a United Front because of the selfish style and
interest of some leaders.

Social Factors in Politics


CASTE
The system of caste has come to haunt both Indian Politics and Indian Political
analysis. State Politics in India has been particularly the hot bed of Political
casteism. In Kerala caste considerations have played an important role in state
politics.Caste in our society refers to a social group where membership is largely
decided on the basis of birth.
The relation between caste and politics may be analyzed at two levels:
(i) how caste affects politics, and
(ii) how politics influences caste.
The first aspect may be further examined at various levels in terms of interest of
caste in politics; political knowledge and political awareness of castes;
identification of castes with political parties; influence of castes on political affairs;
actual participation of castes in politics, particularly with reference to effect of
castes on voting behavior, emergence of elite on caste basis; and type of changes in
political system as a result of involvement of caste organization, that is, how
leadership gets a structural and ideological base for mobilization of masses and
how concessions to local opinion are made.
On the other hand, the effect of politics on caste maybe perceived as to how
politics is used by a caste in rising social scale or achieving its goal. This has been
described as the processes of politicization of caste. Several castes have used
politics in their attempt to better their condition or to achieve their goals .Use of
politics or political means, according to EIeanor ZeIIiot, covers securing
governmental benefits and representation on legislative and political bodies. Some
examples which may be given in this connection are; Mahars of Maharashtra,
Kshatriyas of Gujarat, Nadars of Tamil Nadu, and Reddys and Kammas of Andhra
Pradesh and Ezhavas in the erstwhile Travancore princely state in India.

ROLE OF CASTE IN ELECTIONS

● The selection of a candidate from a particular constituency is done keeping


in view the caste considerations.
● The candidate should belong to the dominant caste or should be able to get
support from a particular caste or castes.
● A candidate belongs to a caste, which has the majority in the area, has a fair
chance of getting elected.
● People, also generality, tend to support the candidate of their respective
caste. As a result, the caste association plays a major role during the
elections.
● The political parties are associate-ridden.
● Within a political party, alliances are formed on the basis of caste.
● There has also been a case of one particular caste aligning with one party
and other to other party.
● For example, in Andhra Pradesh, there have been constant struggle between
dominant castes of Kammas and Reddys. Both have been rival to each other.
Religion- In the Indian way of life religion plays an important role and the basis of
our day-to-day life is religion. Political leaders right from the beginning felt that if
there is any possibility of retaining unity in India, it should be by remaining
secular. That is why Gandhiji had been preaching brotherhood among the different
religious groups. Nehru was a strong supporter of secularism.
Religious places are used for political propaganda and the religious sentiments of
the people are excited in order to gain political control of the State. This emergence
of religion-political party has threatened the secular character of India. It is feared
that if it succeeds there is a possibility that many other political parties with caste
and religion as the basis may come up.
Mixing of religion with politics is a dangerous trend because religious attitude is
diametrically opposed to democratic feelings. Religion encourages fanaticism and
suspends our reasoning power and we repose full faith in leaders. We are prepared
to make sacrifice because sacrifice will be considered martyrdom. This mental
attitude is directly opposed to democratic spirit. Democracy demands open
mindedness, universal brotherhood and thinking based upon reason and capable of
taking its own decision. In such cases, there is no herd tendency and the person is
liberal in outlook.
So if we want to consolidate democracy give firm foundations to it and make its
working successful, it is necessary that the people should keep religion apart from
politics. It is wrong to think that with the help of laws it is possible to divorce
religion from politics. Till the attitude of the people is changed, and till they rise
above the petty considerations it is not possible to keep religion and politics apart.
By keeping them independent of each other, we can retain democratic set-up.

Communalism
The religious pluralism and the contradictions between the faiths tend to
create communal identities, which in turn develops to a stage of
communalism, when passing through the democratic process. Religion,
when deliberately used as a tool for attaining political gains often nourished
the growth of communalism.
Those who deliberately use the religious sentiments to safeguard the vested
interests and those who make religious issues a barrier for the misconduct in
public and private life are the real masterminds behind the propagation of
communalism. “Among leaders, those religious leaders are communal, who
run their religious communities like business enterprises and institutions,
which raise the cries of ‘Hinduism, Islam or Christianity in ‘danger’, the
moment they find that donation into their holy corporations begin to dwindle
or their leadership has been challenged or their ideology has been
questioned. Thus ‘communal’ is not one man who is ‘a man of religion’ but
‘one who practices politics by linking it with religion”.
The apostles of communalism hold religion as the most important distinction
or distinguishing mark in the society rather than any other distinguishing
matter like language, gender, politics, etc… This philosophy has often given
birth to some deadly riots in the past.
Eg of Communal riots: Calcutta Riots (1946) Gujarat Communal riots
(1969) Sikh riots (1984) Godhra riots (2002)

Region
Regionalism has been an important feature of Indian politics since the dawn of
independence. It has posed a serious threat to the unity of India. Regionalism
means love of a particular region. Regionalism refers to sub-nationalism
demanding the preference for a region as against the country as a whole.
Regionalism is the extreme loyalty and love shown to a particular region. It
expresses itself in such a distorted notions like development of one’s own region
even at the cost of interests of other regions and people, and unwillingness to allow
people from other regions to work and settle in region. Regionalism militates
against nationalism and impedes the process national integration. This may be
characterized by the commonness of cultural, linguistic or historical and social
background.
The feeling of regionalism may arise either due to the continuous neglect of a
particular area or region by the ruling authorities or it may spring up as a result of
increasing political awareness of backward people that have been discriminated
against. Quite often some political leaders encourage the feeling of regionalism to
maintain their hold over a particular area or group of people.
Causes of Regionalism
1. Geographical Cause: Linguistic distribution along geographical boundaries
and isolated settlement pattern induce in people the concept of regionalism.
Sometimes people live, in such area which appears as a separate region cut
off from the rest of the country and thereby may give rise to feelings of
separatism among the inhabitants of the region.
2. Historical Causes: Due to historical reasons people believe that they are
separate from the rest. A feeling of regionalism may develop among the
people of a particular region if they believe that they have been politically
dominated by the people of other regions.
3. Economic factors: Uneven development in different parts of the country
may be considered as the prime reason for regionalism and separatism.
There are certain regions which are economically more developed. But there
are certain regions which are economically more developed. But there are
certain regions which are economically backward even after independence.
No effort has been made for regional balance in matters of industrial,
agricultural and above all, economic development. This disparity has caused
the feeling of relative deprivation and thereby the demand for separate
states, for example, Bodoland. Telangana recently State was formed in this
principle.
4. Political and Administrative Factors: Political parties, particularly
regional parties and local leaders exploit the regional sentiments to capture
power. They give emphasis on regional problems in their election manifesto
and promise for regional development. This has resulted in the feeling of
regionalism. The regional parties like DMK, AIADMK in Tamil Nadu and
Telugu Desam in Andhra Pradesh were formed in this basis of principle.
Regionalism may be a product of cultural and social differences.

Regionalism in India has assumed various forms like:


(a) Demand for State Autonomy: Regionalism has often led to the demand
by states for greater autonomy from the centre. Increasing interference by
the Centre in the affairs of the states has led to regional feelings. Demand for
autonomy has also been raised by regions within some states of the Indian
federation.
(b) Secession from the Union: This is a dangerous form of regionalism. It
emerges when states demand separation from the center and try to establish
an independent identity of their own. Disputes between states over the
sharing of river water, primacy given by the states to the language of
majority and to people of their own states in job opportunities have also
given rise to feelings of regionalism. Migration of people from backward
state to a developed state for employment opportunities have often resulted
in a hostile attitude against the migrants for example, problems going on in
Karnataka and A.P

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