Amity School of Business

POLITY AND SOCIETY

Course Code: BBAHU 10101

MODULE - 1

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WHAT IS POLITICS ? The term Politics was first used by Aristotle (Greek philosopher and father of political science) as master science". It is derived from the Greek word polis", meaning city-state. Politics is the process by which groups of people make decisions. Manu is considered the first political thinker in India, Manusmriti is the first law book. Chanaky later write Kautilya Arthashastra. David Easton: "the authoritative allocation of values for a society. Politics is the study of government of states and other political units.
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Political Science Paul Janet - Political Science is the part of the social science which treats the foundations of the state and the principles of the Government. Gettell says , it is ,thus, a study in the past, present and future, of political organizations and political theories, Garris , famous German author is of the opinion that Political Science deals with the origin, development, purpose, and all political problems of the state.

NATURE

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Aristotle: In his famous book Politics He who is unable to live in society, or who has no need because he is sufficient for himself, must be either a beast or God. Robert Dhal: Human beings must and do live in political systems and share the benefits of political life, they do not necessarily participate in political life, they are not necessarily interested in politics, nor do they always care what happen in politics.

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Scope of Political Science

a. Study of State and Government. b. Study of Associations and institutions

c.

Study of the National and International Problems and the Political Study of Man d. Study of the Past, Present and Future Development of State :

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Politics now a-days refers to the current problems of the government which as often as not are more economic in character and political in scientific sense. When we speak of as interested in politics, we mean that he is interested in the current problems of the day, in tariff questions, in labor questions, in the relation of the executive to the legislature, in any question, in fact which requires or is supposed to require the attention of the law members of the country.
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STATE

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State in Political Science means an assemblage of people occupying a definite territory under an organized government & subject to no outside control. Cicero the state can be defined as a numerous society united by a common sense of right and a mutual participation in advantages. According to Bluntchli, The state is politically organized people of a definite territory. Aristotle defined the state as a union of families and villages having for its end a perfect and self sufficing life by which we mean a happy and honorable life.
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FUNCTIONS OF THE STATE

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

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LIMITATIONS

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

ELEMENTS OF STATE School of Business Amity

POPULATION

TERRITORY

STATE

GOVERNMENT

SOVEREIGNTY

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Constituent Elements of a State

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

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CONSTITUTION

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MEANING

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A constitution is a basic design of the structure and powers of the government and rights and duties of the citizens. There can be no state without a constitution. Every state needs some kind of order, some system by which a reasonably orderly process of government may emerge. This order or system in technical terms is called constitution. Gilchrist: A constitution consists of that body of rules and laws written or unwritten, which determine the organization of government, the distribution of powers to the various organs of the government, and the general principles on which these powers are to be exercised.
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Contents of the Constitution

Organization and form of administration of the State. Functions of the different organs of the government, their powers and mutual relations; Mention of the fundamental rights of the citizen; The relation of the government with the people; The procedure of amendment of the constitution.
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Features of a Constitution
Clarity Brevity Comprehensiveness Flexibility Declaration of rights Independence of Judiciary Directive principles of state policy
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Constitution of India
The Constitution of India was drafted by the Constituent Assembly. The provisions relating to citizenship, elections, provisional Parliament, temporary and transitional provisions, were given immediate effect, i.e., from November 26, 1949. The rest of the Constitution came into force on the 26th January, 1950, and this date is referred to in the Constitution as the Date of its Commencement.
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CLASSIFICATION
Constitution

Evolved & Enacted

Written & Unwritten

Flexible & Rigid

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CUMULATIVE OR EVOLVED Such constitution is not made but is the result of evolutionary changes. It is the accumulation of wisdom of the past, customs, usages, traditions and judicial decisions which have influenced its development. Conventional or Enacted It is a consciously made document either by the deliberations of the specially convened Constituent Assembly or is promulgated by the command of the sovereign authority.
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RIGID/FLEXIBLE CONSTITUTION

Rigid constitution is always a written constitution. It is always found in the countries where there is a distinction between the ordinary law and constitutional law. Example France, Germany, USA. Flexible constitution can be written and unwritten both. It is found in those countries where there is no distinction between ordinary law and constitutional law. Example Britain.
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WRITTEN /UNWRITTEN / CONSTITUTION

A written constitution is formulated and adopted by a Constituent Assembly or a Convention. It is a deliberate design of the institutions that it creates , whereby government is conducted, contained in a document bearing one single date. Example India, America, France.
An unwritten constitution is the child of wisdom and chance. It is the result of a process in which statutes, judicial decisions, precedents, usages and traditions have piled up one upon the other from age to age and shaped the political institutions according to the wants of the people . The laws were made as and when needed. Example - Britain
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ORGANS OF GOVERNMENT
GOVERNMENT LEGISLATURE

EXECUTIVE
JUDICIARY

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LEGISLATURE
The primary and the most important function of the State is legislative. The executive and the judiciary cannot function until the legislature had functioned. Law must exist before a judgment can be given or the executive takes action. The Legislature of India is the bicameral Parliament, which consists of the upper house called the Rajya Sabha (Council of States) and the lower house called the Lok Sabha (House of People). Our Founding Fathers preferred the Parliamentary System to the Presidential Form of Government and the central Legislature in our country is called the Parliament.
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Features of the legislature

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The Rajya Sabha, a permanent body, has 250 members serving six year terms. Most are elected indirectly by the state and territorial legislatures in proportion to the state's population. 543 of the Lok Sabha's 545 members are directly elected by popular vote to represent individual constituencies for five year terms. The other two members are nominated by the President from the Anglo-Indian community if the President is of the opinion that the community is not adequately represented. The Vice-President is the Chairman of the Council of States. The House of the People consists of members chosen by direct election by the citizens of India. The House of the People, unless sooner dissolved, continues for a 23 term of five years.

Functions of the legislature Amity School of Business

Law making Financial Powers:. Amendment of the Constitution Control over the Executive: Judicial Functions:. Electoral

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EXECUTIVE
It is the pivot around which the actual administration of the State revolves and includes all officials engaged in administration. The Head of the State, his advisers and ministers, as well as the whole body of subordinate officials through whom the laws are administered. FUNCTIONS Legislative Military functions Administrative Foreign functions Financial functions
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JUDICIARY
In democratic countries Judiciary is considered the guardian of the freedom of the people and also of the constitution. In the absence of judiciary there will be widespread injustice in the society. Judicial system works as a check on efficiency of government.

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FUNCTIONS OF JUDICIARY

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

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FACTORS FOR INDEPENDENT JUDICIARY

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Judiciary will be independent only when the system of appointment of judges is good, free from unnecessary interference and control. Factors that make the judiciary independent are: Mode of appointment of judges - three methods arei. Election by legislature. ii. Election by people. iii. Appointment by executive. Long tenure. Security of service. Adequate salary. High qualification. Separation of judiciary from control of executive. No practice after retirement. 28

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SEPARATION OF POWERS

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MEANING

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Separation of powers is the term coined by French political thinker Baron De Montesquieu. It is the model for the governance of democratic states. Under this model the government is divided into branches and each branch has separate and independent powers and areas of responsibility. The three branches are: Legislative. Executive. Judiciary.
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NEED FOR SEPARATION OF POWERS The Separation of powers devised by the framers of the constitution was designed to prevent the majority from ruling with an iron fist . The separation of powers avoid the concentration of power as a result of which the individual liberty is protected which in turn will protect the democracy. Judicial independence is maintained by the life appointment of the judges, removal by the legislature.
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CHECKS AND BALANCES

To

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

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

Judiciary a check on the Executive. Every action of the executive which goes against the Constitution can be declared null and void by the Supreme court through judicial review.

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Judicial Review

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Judicial review is a procedure in English administrative law by which the courts supervise the exercise of public power on the application of an individual.

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