B.A. POLITICAL SCIENCE

FIRST YEAR SECOND SEMESTER

Course-2: BASIC ORGANS OF THE GOVERNMENT

Background of Indian Constitution

In 1928, the All Parties Conference convened a committee in Lucknow to prepare the Constitution of India, which was known as the Nehru Report.

Most of India was under direct British rule from 1857 to 1947. Upon independence it became clear an new constitution was need to be created. But for that the all of India needed to be bough into the union. This meant the the Princely States needed to be convinced to become a part of the Indian union. Either by force or diplomacy. Sardar Vallabhai Patel and V.P Menon did this unenviable task. Until this happened India was still legally a dominion under the British, responsible for external security

Historical Evolution of the Indian Constitution

There are various layers in the background of the Indian Constitution:

• Regulating Act 1773
• Pitt’s India Act 1784
• Charter Act of 1813
• Charter Act of 1833
• Charter Act of 1853
• Government of India Act 1858
• Indian Councils Act 1861
• India Councils Act 1892
• Morley-Minto Reforms 1909
• Montague-Chelmsford Reforms 1919
• Government of India Act 1935
• Indian Independence Act 1947

These acts were in some way instrumental for the development of the Indian Constitution.

Regulating Act 1773

• First time the British Parliament resorted to regulating the affairs of the East India Company.
• The Governor of Bengal was made the Governor-General of Bengal (Warren Hastings).
• An Executive Council of the Governor-General was created with 4 members.
• Centralised the administration with the Presidencies of Madras and Bombay being made subordinate to the Bengal Presidency.
• Supreme Court was established at Calcutta as the Apex Court in 1774.
• Prohibited company officials from engaging in private trade and from accepting gifts from Indians.

Pitt’s India Act 1784

• Commercial and political functions of the company separated. The Court of Directors managed the commercial activities while the Board of Control managed political affairs.
• The company territories in India were called ‘British possession in India’.
• Governor’s Councils were set up in Madras and Bombay as well.

Charter Act 1813

• This act ended the East India Company’s monopoly over trade with India except in tea and opium. Trade with India was open to all British subjects.

Read more about the Charter Act 1813 in the linked article.

Charter Act 1833

• Governor-General of Bengal was designated the Governor-General of India (Lord William Bentinck).
• The legislative powers of the Bombay and Madras Presidencies were removed.
• This act ended the commercial activities of the company and it was transformed into an administrative body.

Charter Act 1853

• The legislative and executive powers of the Governor-General’s Council were separated.
• A Central Legislative Council was created of 6 members out of which 4 were appointed by the provisional governments of Madras, Bombay, Agra and Bengal.
• The Indian civil service was opened as a means to recruit officers for administration through open competition.

Government of India Act 1858

• After the 1857 revolt, the rule of the company was ended and the British possessions in India came directly under the British Crown.
• The office of the Secretary of State for India was created. He was assisted by a 15-member Council of India.
• The Indian administration was under his authority and the Viceroy was his agent. The Governor-General was designated the Viceroy as well (Lord Canning).
• The Court of Directors and the Board of Control were abolished.

Indian Councils Act 1861

• Indians were given representation in the Viceroy’s Councils. 3 Indians entered the Legislative Council.
• Provisions were made for the entry of Indians in the Viceroy’s Executive council also as non-official members.
• Portfolio system was recognised.
• Decentralisation initiated with the presidencies of Madras and Bombay being restored their legislative powers.

Indian Councils Act 1892

• Indirect elections (nominations) were introduced.
• Legislative Councils expanded. Gave more functions to the legislative councils such as the discussion of budget and questioning the executive.

Indian Councils Act 1909 (Morley-Minto Reforms)

• Direct elections to the legislative councils were introduced for the first time.
• Central Legislative Council became the Imperial Legislative Council.
• The number of members of the legislative council was increased from 16 to 60.
• The concept of the separate communal electorate was accepted.
• For the first time, an Indian was made a member of the Viceroy’s Executive Council. (Satyendra Prasad Sinha – Law Member).

Government of India Act 1919 (Montague-Chelmsford Reforms)

• Central and provincial subjects were separated.
• Diarchy was introduced in the provincial governments with executive councillors being in charge of the reserved list and the ministers in charge of the transferred list of subjects.
• The ministers were nominated from among the elected members of the legislative council and were responsible to the legislature.
• A bicameral legislature was introduced for the first time at the centre. (Legislative council and legislative assembly later to become Rajya Sabha and Lok Sabha respectively).
• It mandated 3 members of the Viceroy’s executive council to be Indians.
• This act provided for the first time, the establishment of a public service commission in India.
• This act extended the right to vote and with this, about 10% of the population acquired voting rights.

Government of India Act 1935

• An all-India Federation was proposed which would consist of British India and the princely states. This never materialised though.
• Subjects were divided between the centre and the provinces. Centre was in charge of the Federal List, provinces in charge of the Provincial List and there was a Concurrent List which both catered to.
• Diarchy was abolished at the provincial level and introduced at the centre.
• More autonomy was accorded to the provinces and in 6 out of 11 provinces, the bicameral legislature was introduced.
• A federal court was established and the Indian Council abolished.
• Burma and Aden were severed off from India.
• This act provided for the establishment of the RBI.
• This Act continued until it was replaced by the new Indian Constitution.

 Indian Independence Act 1947

• India was declared independent and sovereign.
• The Viceroy and the Governors were made constitutional (nominal) heads.
• Set up responsible governments at the centre and the provinces.
• Assigned both legislative and executive powers to the Constituent Assembly of India.

 

2. Classification of the Constitutions-Written and Unwritten; Rigid and Flexible.

 

Explain the Definition of Constitution and its Classification?

Definition of the constitution: – 

A constitution is a basic design, which deals with the structure and powers of government. It also includes the rights and duties of citizens. Often a ‘constitution’ is understood as a document that is written and accepted at a particular time, but it is not the true meaning of the constitution, the constitution may be written or unwritten.
Sometimes it is found as an established body of rules, maxims, traditions, and practices according to which its government is organized and its powers are being exercised.

Every country should have a constitution because it helps and guides in the operation of a country. History suggests that since the origin of countries there have been some sort of rules and laws to maintain order and harmony. In every country it is necessary to be democratic or autocratic that rules should be accepted which will determine the role and organization of political institutions to save the society from chaos. And now, in modern states, these rules took the form of a constitution.

The definition of constitution by different political thinkers

Definition of constitution by different scholars: –

1.    Aristotle: – According to him, definition of constitution is the way by which all citizens or constituent parts of the state are organized in relation to each other

2.    Sir James Mackintosh: – By the state constitution, a body of written or unwritten fundamental laws means those which regulate the most important rights of the High Magistrate which are the most essential privileges of subjects.

3.    George Cornewell Lewis: – He defined constitution as “system and distribution of sovereign power as community or government”.

4.    Leacock: – According to him, “Constitution is the form of government”.

5.    Austin: – stated the definition of constitution as, “It fixes the structure of supreme government.”

Features of Constitution:-

·        The constitution is the fundamental law of the land.

·        Constitution may be written or unwritten.

·        The constitution deals with the structure and power of government.

·        The constitution deals with the rights of citizens.

·        The constitution deals with the relationship between governments and people.

·        The constitution is the supreme law that must be followed.

The need for a constitution?

Since the days of the American Revolution (1776), the idea of ​​a constitution as an essential and important document was firmly rooted in every country. Today the constitution has become the foundation of democracy.

What are the essentials of a good constitution?

It is possible that a particular type of constitution may prove useful for a particular country, but it may not prove useful for any other country. It depends on the social and economic set of the country. Every state has the right to decide its constitution.

According to the definition of constitution, good constitution should have the following essentials: –

·        Clarity or definiteness: – Every sentence or clause written in the constitution should be in simple language. The meaning of each clause should be express clearly without leaving any scope for confusion.

·        Brevity: – The formation should not be too long. It should only include important things. But this brevity should not make a difference in the constitution except for a few issues.

·        Comprehensiveness: – The constitution should apply throughout the country. If it is a federation, it should demarcate the structure and power of the central and provincial governments.

·        Flexibility: – The constitution should not be too rigid to interrupt the amendment process when needed.

·        Declaration of rights: – People should have fundamental rights in a good constitution. Such declarations have been made in the constitution of countries like India, Russia, China, America and Japan.

·        Independence of judiciary: – The independence of the judiciary is another quality of a good constitution. The judiciary must act independently and act as a protector of the fundamental rights of the people without any fear.

·        Directive Principles of State Policy: – Directive principles of state policy have to be mentioned in a good constitution as it helps in the creation of a welfare state.

Classification of constitution

1.    Written and unwritten constitution

2.    Rigid and flexible constitution

 

1. Difference between written and unwritten constitution

Written constitution	Unwritten constitution
The written constitution is found in legal documents duly maintained in the form of law.	An unwritten constitution contains principles of government that have never been implemented as law.
It is precise, definite and systematic. It is the result of efforts made by the people conscious and deliberate.	It is indefinite, unsystematic and un-precise. Such a constitution is not the result of the conscious and deliberate efforts of the people.
It is created by a representative body elected by the people at a particular period in history.	It is not created by a representative component assembly. So, it is sometimes called a developed or cumulative constitution.
It is always promulgated at a specific date in history.	It has no fixed date, as it has evolved over time.
The Constitution of India is the best example of a written constitution (announced on 26 January 1950).	The Constitution of England is the best example of an unwritten constitution.
A written constitution is generally rigid and its amendments require constitutional laws. In other words, the distinction between constitutional law and common law is maintained. The first is considered superior to the second.	The unwritten constitution is not rigid and its amendments do not require any law. In other words, the distinction between constitutional law and common law is not maintained.
A written constitution can also be called an enacted constitution.	An unwritten constitution can also be called an un-enacted constitution.

 

2. Difference between rigid and flexible constitution

Rigid constitution	Flexible constitution
A rigid constitution cannot be easily amended. It has very complex modification procedures.	A flexible constitution can be amended with the same ease as the general laws.
A rigid constitution cannot be accommodated according to the changing needs of society. No legislature can tamper with them, because they are superior to the common law.	A flexible constitution can be adjusted to suit the changing needs of people and society.
A rigid constitution is essentially a written constitution composed of experienced and learned people. Thus it is a symbol of national efficiency.	A flexible constitution is very useful for a developing country because it will not be a hindrance to progress due to its adaptability.
A rigid constitution does not develop and expand. People consider it as a sacred document and they are ready to work according to its provisions.	A flexible constitution grows and expands as nature matures.
A rigid constitution does not reflect the changing pulse of public opinion. In other words it represents the minds of experienced and learned people who initially implicated it.	A flexible constitution reflects the changing pulse of public opinion. In other words it represents the mind of the people.
Accordingly, legislatures should not have a constitution in their hands. So, a rigid constitution is based on the assumption that it is the perfect constitution for all time.	A flexible constitution is based on the sound assumption that there cannot be a right constitution for all time.

 

classifications of the constitutions:

(1) Evolved and Enacted;

(2) Legal and Real;

(3) Written and Unwritten;

(4) Flexible and Rigid;

Now we discuss these constitutions one by one:-

(1) Evolved and Enacted Constitution:

Many writers are of the view that there are two types of Constitutions-evolved and enacted. An evolved constitution is the result of the historical development. It is not framed at a particular time. For example, the British Constitution has neither been enacted by any special Constituent Assembly at a particular time nor has the Monarch given it to the people. Constitutionally, England is still an absolute kingship, but in practice her position is different.

In practice all the powers are in the hands of the Cabinet and the Monarch has only nominal powers. This is the result of the centuries’ long struggle of the British people against their Monarchs. For example, till Tudor period, the British Monarchs were quite absolute.

Enacted constitutions are framed at a particular time, like the American Constitution which was framed by a Constituent Assembly after the declaration of Independence. In France, the first constitution was framed in 1830, the second in 1848, the third in 1871, the fourth in 1946 and the fifth in 1958. After Second World War, new Constitution of India was completed on November 26, 1949 and it was introduced on January 26, 1950.

(2) Legal and Real Constitution:

Sometimes the constitutions are classified in this way also. The written elements of the constitution constitute legal constitution and when the conventions and decisions of the courts are added to it, it becomes the real constitution. For example, the Constitution of America can be read in a few hours, but one cannot get real and complete information about the constitution in this way.

(3) Written and Unwritten Constitution:

According to Dr.Garner, the difference between the evolved and enacted constitution is similar to that of written and unwritten constitution. An unwritten constitution is one whose major portion is not written. Mostly it includes customs and the decisions of the courts. Such type of constitutions is not framed by any Constituent Assembly.

Thus the constitution is not enacted but it is evolved”. Written constitution is one whose basic principles are written. According to Dr. Gamer, “A written constitution is generally an instrument of special sanctity distinct in character from all other laws, proceeding from the different sources, having a higher legal authority and alterable by a different procedure”.

In India, a new constitution was enacted by the Constituent Assembly. Great Britain is the only country where there is an unwritten constitution. This is the glaring example of an evolved constitution.

A constitution may be written or unwritten one. It is called a written constitution when all the laws are codified into a single document but where it is made up mainly of conventions and customs with a few written ones, and then it is called an unwritten constitution.

 

 

 

What is a written constitution?

A written constitution is a formal document defining the nature of the constitutional settlement, the rules that govern the political system and the rights of citizens and governments in a codified form.

The UK’s constitution is not written in a single document, but derives from a number of sources that are part written and part unwritten, including accumulated conventions, works of authority, Acts of Parliament, the common law, and EU law. The USA is different from some countries in having a constitution that is almost entirely written. 

Merits of Written Constitution

1.    The written constitution is very clear and precise. It is free from doubts and ambiguity.

2.    The written constitution lays emphasis on rule of law.

3.    The written constitution is indispensable to federalism. It properly distributes powers between the centre and federal units – states or provinces.

4.    The written constitution protects the fundamental rights of the individual, fundamental rights are very essential for the liberty of the individual, and rights are part of a written constitution. It will be unconstitutional to deprive an individual of any of these rights.

5.    The written constitution protects the interests of minorities.

6.    As a written constitution is clear, the ruler (government) cannot exercise powers arbitrarily. A written constitution prevents arbitrary and whimsical actions by the government.

 

Demerits of Written Constitution

1.    A written constitution cannot easily cope with the changes taking place as time passes. With the passage of time, changes take place in the conditions of a country. The constitution needs revision or modification to deal with such changes. A written constitution, being rigid, is not easily amenable to necessary modification or revision.

2.    When a written constitution fails to cope with the march of time and consequent changes in the condition of the country, the people, being angry, may revolt against the government.

3.    As a written constitution gives more importance to written laws, the importance of public opinion decreases.

4.    In a country with a written constitution, customs, traditions and conventions are their values.

The Unwritten Constitution

An uncodified constitution is a type of constitution where the fundamental rules often take the form of customs, usage, precedent and a variety of statutes and legal instruments. An understanding of the constitution is obtained through reading commentary by the judiciary, government committees or legal experts.

In such a constitutional system, all these elements may be (or may not be) recognized by courts, legislators and the bureaucracy as binding upon government and limiting its powers. Such a framework is sometimes imprecisely called an “unwritten constitution”. However, all the elements of an uncodified constitution are typically written down in a variety of official documents, though not codified in a single document.

An uncodified constitution has the advantages of elasticity, adaptability and resilience. A significant disadvantage, however, is that controversies may arise due to different understandings of the usages and customs which form the fundamental provisions of the constitution.

Israel is an example of a state that has an unwritten constitution. The declaration of independence promised a constitution by 2 October 1948, but due to irreconcilable differences in the Knesset, no complete codified constitution has been written yet. There are several Basic Laws, however.

Merits of Unwritten Constitution:

1.    An unwritten constitution, being flexible, is able to deal with the changes in the conditions of the country.

2.    As an unwritten constitution grows over a long period, it gains in wisdom and maturity.

3.    There is not much fear of rebellion or revolution in a country having an unwritten constitution.

4.    In a country with an unwritten constitution, customs, traditions and conventions receive due importance.

Demerits of Unwritten Constitution:

1.    An unwritten constitution is unclear and ambiguous. It is full of doubts. As a result, it also contains some elements of contradiction and undermines the performance of government.

2.    As it is very easy to bring about changes in a political system with an unwritten constitution, many undesirable changes take place resulting in a lot of instability.

3.    An unwritten constitution does not clearly express fundamental rights of individuals. They cannot enjoy their freedoms and they cannot actively take part in the democratic process. Therefore, an unwritten constitution is not so good for democracy.

4.    An unwritten constitution is not so good for a federal system, as it does not provide for proper distribution of powers between the centre and federal units – states or provinces. Because of this, many disputes occur between the central government and state or provincial governments.

The differences between written and unwritten constitutions, stated so far, are more theoretical than actual. Though most countries have opted for written constitutions, written constitutions are not necessarily superior to unwritten constitutions.

Also, in many countries having written constitutions, the performance of the governments there are not so good and people are deprived of their basic rights. The basic rights of individuals in Britain which has an unwritten constitution are as protected as the basic rights of individuals in America where there is a written constitution.

Explain the merits and demerits of Rigid Constitution

Rigid Constitution is a constitution which stands above the other laws of the country, while flexible constitutions do not. A. V. Dicey defines a rigid constitution as one under which certain laws, called constitutional laws or fundamental laws “cannot be changed in the same manner as ordinary laws.” A rigid constitution set forth “specific legal/constitutional obstacles to be overcome” before it may be amended, such as special approval of the people by referendum, a supermajority or special majority in the legislature, or both.

In contrast, a flexible constitution is one in which the legislature may amended the constitution’s content and principles through use of the ordinary legislative process. For example, the Constitution of Australia is rigid, while the British Constitution and the Israeli Constitution are flexible.

Merits of Rigid Constitution

1.    The rigid constitution, being precise and clear, discourages and combats arbitrary actions.

2.    The ruling class cannot use the constitution to further its narrow interest.

3.    The rigid constitution contributes to political stability. It cannot be misused by government having the support of simple majority in the national legislate.

4.    Rigidity lends legitimacy to the constitution. It gets the respect of all as it cannot be easily abused.

5.    A rigid constitution protects the fundamental rights of the individual.

6.    A rigid constitution is good for a federal system, because neither the centre nor the federal units can easily change it to their advantage.

Demerits of Rigid Constitution

1.    As the procedure of amendment of a rigid constitution is very difficult, it causes problems for the country. The need for amendment may be very urgent for country, but the attempt to amend a rigid constitution may fail.

2.    A rigid constitution is likely to fail to cope with time and environment. It fails to keep pace with the changed social, economic and political conditions of the country.

3.    A country may encounter different kinds of disasters like earthquakes and cyclones. It may also face a rebellion or a revolution. It is necessary to take quick decisions to deal with such emergencies. But the government could fail to take decisions if the country concerned has a rigid constitution.

4.    When people feel that a rigid constitution stands in the way of the effort of the national legislature to amend it to manage a crisis or to provide equality justice to people, they are likely to approach the judiciary to intervene. This exposes the constitution to judicial intervention.

5.    If necessary changes are not inserted in the constitution in view of the changes that take place with the march of time, the consequences may be very bad for country. This may lead to a revolution by people or a coup by the military.

Explain the merits and demerits of Flexible Constitution

A flexible constitution is a constitution that may be amended by the ordinary process of legislation and is therefore relatively easy to amend. Flexible constitution is a constitution that is not defined or set apart in a distinct document and that is not distinguishable from other laws in the way in which its terms can be legislatively altered.

Merits of Flexible Constitution

1.    A flexible constitution can keep pace with time. It can successfully adapt to changes which take place with the passage of time. If there take place changes in environment and condition, necessary changes can be inserted in the constitution through easy amendment.

2.    A flexible constitution discourages/prevents rebellion and revolution.

3.    A flexible constitution can deal with any type of emergency.

 

Demerits of Flexible Constitution

1.    The ruling party is inclined to frequently amend the constitution in order to fit its narrow interests.

2.    It may create problems for a federal system. The centre is inclined to grab powers by amending the constitution.

3.    A flexible constitution may invite political instability. The administration will be weak if the constitution is amended frequently.

4.    As a flexible constitution is frequently amended, doubts arise about its stability. As a result, its purity and legitimacy suffer erosion.

5.    As it is easy to amend a flexible constitution, the ruling class may exploit this to deprive the citizens of their fundamental rights and their rights to protest against a bad government.

The American constitution which is one of the best examples of a rigid constitution has undergone significant changes. It has already been amended 27 times. Further, periodical judicial interpretations have led to important changes in the meanings of different provisions of the constitution. At the other end, the British constitution which is a good example of flexible constitution has not as frequently changed as one would expect. It has evolved gradually through long process of consultations and deliberations.

Conclusion

In general, the written constitution is better than an unwritten one. Most of the countries of the world have opted for written constitution. The only important exception is Britain in which the administration is mainly based on customs and traditions. The constitution should not be very rigid or very flexible.

UNIT-II :

ORGANS OF THE GOVERNMENT

1. Theory of Separation of Powers-B.D.Montesquieu.

Explain the Separation of Powers: What is the Theory of Separation of Powers?

The three organs of the government—Legislature, Executive and Judiciary— perform the three essential functions of law-making, law-application and law- adjudication. This threefold division of governmental functions is universally accepted as the best way of organizing the government. These three functions are inter-related and inter-dependent. But these are performed by three different organs.

I. Central Idea of the Theory of Separation of Powers:

The Theory of Separation of Powers holds that the three organs of government must be separate and independent from one another. Any combination of these three functions into a single or two organs is harmful and dangerous for individual liberty. Separation of powers of the three organs is essential for the efficiency of the government and the liberty of the people.

Government can work systematically and efficiently only when each of its organs exercises its own powers and functions. Similarly, the liberty of the people can be protected only when there is no concentration or combination of the three governmental powers in the hands of one or two organs.

The theory of Separation of Powers holds that for keeping the government limited, which is necessary for protecting the liberty of the people, the three functions of government should be separated and performed by three separate organs.

II. Meaning of Separation of Powers:

In simple words, the theory of Separation of Powers advocates that the three powers of the government should be used by three separate organs. Legislature should use only law making powers, Executive should undertake only law enforcement functions, and Judiciary should perform only adjudication/Judicial functions. Their powers and responsibilities should be clearly defined and kept separate. This is essential for securing the liberty of the people.

Separation of Powers: Views of Montesquieu:

In his book The Spirit of The Laws’ (1748), Montesquieu enunciated and explained his theory of Separation of Powers. He wrote,

(1) If the legislative and executive powers are combined in the same organ, the liberty of the people gets jeopardized because it leads to tyrannical exercise of these two powers.

(2) If the judicial and legislative powers are combined in the same organ, the interpretation of laws becomes meaningless because in this case the law­maker also acts as the law interpreter and he never accepts the errors of his laws.

(3) If the judicial power is combined with the executive power and is given to one-person or one organ, the administration of justice becomes meaningless and faulty because then the police (Executive) becomes the judge (judiciary).

(4) Finally if all the three legislative, executive and judicial powers are combined and given to one person or one organ, the concentration of power becomes so big that it virtually ends all liberty. It establishes despotism of that person or organ.

As such, the three powers should not be combined and given neither to a single organ nor to two organs. These three powers should be used by three separate organs of the government. It is essential for safeguarding the liberty of the people.

Main Supporters of the Theory of Separation of Powers:

The British jurist Blackstone and the founding fathers of the American constitution, particularly, Madison, Hamilton and Jefferson, extended their full support to the theory of separation of powers. They regarded Separation of Powers essential for protecting the liberty of the people.

Use of Separation of Powers in Modern Constitutions:

The theory of Separation of Powers guided the Declaration of Rights adopted after the French Revolution of 1789. It clearly stated that, “every society in which separation of powers is not determined has no constitution.”

The real and big support to this theory came from the founding fathers of the Constitution of the USA. They accepted its importance as the essential safeguard for preserving liberties and property.’ The Constitution of USA adopted the theory of separation of powers as its guiding principle.

It laid down a governmental structure based on this theory. It gave the legislative powers to the US Congress, the executive powers to the US President and the judicial powers to the US Supreme Court. Each organ was kept separate from the other two.

The Universal Declaration of Human Rights, as adopted by the UN General Assembly on 10 December 1948, also accepted the principle of separation of powers. In fact, all contemporary democratic constitutions do provide for a separation of powers in one way or the other.

Theory of Separation of Powers: Criticism:

1. Complete Separation is not possible:

The government is a single entity. Its three organs can never be completely separated. The legislative, executive and judicial functions are interdependent and inter-related functions and hence cannot be fully separated.

2. Complete Separation is not desirable:

Complete separation of three organs of government is neither possible nor desirable. It is not desirable because without among mutual coordination these cannot carry out its functions effectively and efficiently. Complete separation of powers can seriously limit the unity and co­ordination needed by the three organs.

3. Impracticable in itself:

We cannot fully use separation of powers. The function of law-making cannot be entrusted only to the legislature. The needs of our times have made it essential to provide for law-making by the executive under the system of delegated legislation. Likewise, no one can or should prevent law-making by the judges in the form of case law and equity law.

4. Unhistorical:

The theory of Separation of Powers is unhistorical since it has never been operative in England. While formulating and advocating this theory, Montesquieu advocated that it was at work in England. Under the British parliamentary system of government, there was and continues to be a close relationship between the British Parliament and the Cabinet. Even there is no separation of judiciary from legislature in so far the British House of Lords acts as the highest court of appeals. The British Constitution has never been based on the theory separation of powers.

5. The three Organs of Government are not equal:

The Theory of Separation of Powers wrongly assumes the equality of all the three organs of the government. The legislature of the state is always regarded as the primary organ of government. The work of the government begins by law-making. However, in actual practice the executive acts the most powerful organ of the government. The judiciary is the weakest of the three organs, yet it is always held in high esteem by the people. Hence the three organs are neither equal nor equally respected.

6. Separation of Powers can lead to deadlocks and inefficiency:

Separation of powers can lead to deadlocks and inefficiency in the working of the government. It can create a situation in which each organ can get engaged in conflict and deadlocks with other two organs.

7. Liberty does not depend only upon Separation of Powers:

The critics reject the view that liberty can be safeguarded only when there is a separation of powers among the three organs of the government. They argue that in the absence of fundamental rights, independence of judiciary, rule of law, economic equality and a spirit of democracy, there can be no liberty even when there may be present full separation of powers.

8. Separation of Functions and not of Powers:

The name ‘Separation of Powers’ is wrong because this theory really advocates a separation of functions. Power of the government is one whole. It cannot be separated into three separate parts. It is at the back of the functions of all the three organs of government.

limitations :-

The theory of separation of powers is really a theory of separation of functions. Thus, the theory of Separation of Powers has several limitations. All scholars accept that absolute and rigid separation of powers is neither possible nor desirable. Three organs of government cannot be and should not be totally separated into unrelated water-tight compartments.

Separation of Powers and Checks and Balances:

Further for using the theory of Separation of Powers, we need the adoption of another theory i.e. the theory of Checks and Balances. Under this theory each organ, along with its own power, enjoys some checking powers over the other two organs. In the process a system of checks and balances governs the inter-organ relations.

The theory of Checks and Balances holds that no organ of power should be given unchecked power in its sphere. The power of one organ should be restrained and checked with the power of the other two organs. In this way a balance should be secured which should prevent any arbitrary use of power by any organ of the government.

The legislative power should be in the hands of the legislature but the executive and judiciary should have some checking powers over it with a view to prevent any misuse or arbitrary use of legislative powers by the legislature. Likewise, the executive powers should be vested with the executive but legislature and judiciary should be given some checking powers over it.

The same should be the case of the judiciary and its power should be in some respects checked by the legislature and executive. In other words, each organ should have some checking power over the other two organs and there should prevail, a balance among the three organs of government.

In fact, the theories of Separation of Powers and Checks and Balances always go together. These have been together in operation in the US Constitution.

Merits and Demerits of Flexible Constitution?

The following are the merits of a flexible constitution:

 

(1) It prevents internal revolts and revolutions:

In a flexible constitution the nation is protected against internal revolts and revolutions. For instance, there have been fewer revolts and revolutions in England because of the flexible constitution of that country. The life of the people because of the flexible constitutions of that country.

The life of the people has not been disturbed there quite often, while in France, which is very close to England, monarchy has been abolished and so far five constitutions have been enacted because of revolutions and odd circumstances.

(2) Adjustment:

Adaptability or elasticity is the chief merit of a flexible constitution. It enables the people to keep pace with changes in society. The British Constitution, for instance, has been able to undergo imperceptible alterations, apart from deliberate amendments in recent years. There has been a tremendous change in the powers of the monarch.

(3) With the maturity of the nation, the constitution alto develops:

A flexible constitution is very useful for a developing country, because it is a great expression of its development. Judge Cooley has rightly said, “Of all the constitutions which may come into existence for the Government of the people, the most excellent is obviously that which is the natural outgrowth of the national life and which have grown and extended as the nation has matured is likely at any particular time to express principles of civil and political liberty”.

Demerits of Flexible Constitution:

The following are the demerits of a flexible constitution:

(1) Instability:

A flexible constitution is said to be in a state of perpetual flex and it is less stable than a rigid constitution because it can be easily amended. It is liable to fall a prey to the whims and caprices of political demagogues who are moved by passions and emotions rather than by reason.

(2) Instrument in the hands of the Judges:

A flexible constitution becomes a plaything of judicial courts, because they interpret it according to their own will and give it a meaning of their own liking and choice.

(3) Unsuitable for politically backward people:

It is most unsuitable for countries which are not politically advanced. That is why a flexible constitution is not useful for most of the countries of the world and in place of flexible constitution, they have enacted written constitutions. The British Constitution is the only example of a flexible constitution in the world; otherwise almost all other countries of the world have rigid constitutions.

Since the British people are politically advanced, they have been successful in the working of their flexible constitution.

(4) Vague and indefinite:

An important defect of a flexible constitution is that it is vague and indefinite and the politicians give it meanings of their own choice. That is why vague and indefinite constitutions are not suitable for democracies.

Conclusion:

According to Bryce, “A flexible constitution can work only under three conditions:

(a) The supremacy must remain in the hands of a politically educated and politically upright minority,

(b) The bulk of the people must be continuously and not fitfully interested in and familiar with politics and

(c) Though legally supreme, they must remain content while prescribing certain general principles to let the trained minority manage the details of the business of the Government”.

2. Legislature-Unicameral and Bicameral-Power and Functions, Executive-Types, Powers and Functions. Judiciary-Powers and Functions.

Legislature: Meaning, Functions and Types of Legislature?

Legislature: Meaning, Functions and Types of Legislature!

Of the three organs of the government, the place of primacy belongs to the Legislature. The function of government begins by law-making and is followed up by law-enforcement and adjudication functions. As such, the legislature is the first organ of the government.

Legislature: Meaning

The term ‘legislature’ is a generic term meaning a body which legislates. The term ‘ Legg means law and “lature’ the place and etymologically Legislature means a place for law-making. Another term, which is used as a synonym of Legislature, is ‘Parliament.’ This word stands derived from the French word ‘Parley’ which means to ‘talk’ or to discuss and deliberate.

In this way, we can say ‘Parliament’ means the place where deliberations are held. Combining the two views, we can say Legislature or Parliament is that branch of government which performs the function of law­making through deliberations.

Functions of a Legislature:

1. Legislative or Law-making Functions:

The first and foremost function of a legislature is to legislate i.e. to make laws. In ancient times, laws used to be either derived from customs, traditions and religious scriptures, or were issued by the kings as their commands. However, in the contemporary era of democracy, legislature is the chief source of law. It is the legislature which formulates the will of the state into laws and gives it a legal character. Legislature transforms the demands of the people into authoritative laws/statutes.

2. Deliberative Functions:

To deliberate upon matters of national importance, public issues, problems and needs is an important function of a modern legislature. Through this function, the legislature reflects the public opinion over various issues. The debates held in the legislature have a great educative value for the people.

3. Custodian of National Finances:

A near universal rule is that “the legislature of the state is the custodian of national purse.” It holds the purse of the nation and controls the finances. No money can be raised or spent by the executive without the approval of the legislature. Each year the executive has to prepare and get passed from the legislature the budget for the coming financial year. In the budget, the executive has to place the account of the actual income and expenditure of the previous year and estimated income and expenditure for the New Year.

Not only the legislature passes the budget but also it alone can approve the imposition, or repeal or collection of any tax whatsoever. Further, the legislature maintains a control over all financial transactions and expenditures incurred by the executive.

4. Control over the Executive:

A modern legislature has the power to exercise control over the executive. In a parliamentary system of government, like the one which is at work in India, for all its actions, decisions, and policies, the executive is collectively responsible before the legislature. It is accountable before the legislature. The legislature has the power to remove the executive by passing a vote of no-confidence or by rejecting a policy or budget or law of the executive.

The Prime Minister and all other ministers are essentially the members of the legislature. They are bound by the rules and procedures of the Parliament.

(b) In a Presidential form of government, like the one which is at work in the USA, the legislature exercises some checks over the executive. It can appoint investigation committees to probe the functioning of government departments. By the use of its power to legislate and pass the budget, the legislature exercises a fair amount of control over the executive. Thus, whether a political system has a parliamentary system or a presidential system, the legislature exercises a control over the executive.

5. Constituent Functions:

In almost every state, it is the legislature which has the power to amend the constitution. For this purpose legislature has to pass special laws, called amendments, in accordance with the procedure laid down in the Constitution. In some states the requirement is that the legislature must pass the amendment with 2/3rd or 3/4th or an absolute majority of votes.

6. Electoral Functions:

A legislature usually performs some electoral functions. The two houses of the Indian Parliament elect the Vice-President. All elected MPs and MLAs form the Electoral College which elects the President of India. In Switzerland, the Federal Legislature elects the members of the Federal Council (Executive) and the Federal Tribunal (Judiciary).

7. Judicial Functions:

It is customary to give some judicial power to the legislature. Usually, the legislature is assigned to act as a court of impeachment i.e. as an investigating court for trying high public officials on charges of treason, misdemeanor and high crimes and remove them from office. In India, the Union Parliament can impeach the President. It has also the power to pass a resolution for the removal of Judges of the Supreme Court and of the High Court’s on the ground of misbehavior or incapacity.

8. Ventilation of Grievances:

A legislature acts as the highest forum for ventilation of public grievances against the executive. Besides representing every interest and shade of opinion, the legislature acts as the national forum for expressing public opinion, public grievances and public aspirations. Parliamentary debates and discussions throw a flood light over various issues of public importance.

9. Miscellaneous Functions:

Some legislatures are assigned specific executive tasks. For example, the US Senate (Upper House of US Legislature) has the power to confirm or reject the major appointments made by the US President. Likewise, it enjoys the power to ratify or reject treaties made by the US President. In India, the

Rajya Sabha has been given the power to establish or eliminate any All India Service. Legislatures also perform the function of approving or rejecting or amending all the policies and plans made by the executive. In the US Constitution, the Congress (Legislature) enjoys the power to declare war.

Thus the legislative organs of the government play a very important and active role in the exercise of the sovereign power of the state. In fact legislature is the legal sovereign in the State. It has the power to transform any decision of the state into a law. Legislature is the chief source of law. It is the mirror of national public opinion and the symbol of the power of the people.

Types of Legislature: Bicameral and Unicameral Legislatures?

A modern legislature is either Bicameral or Unicameral. Bicameralism means a legislature with two houses/chambers while uni-cameralism means a legislature with a single house/chamber. A large number of modern legislatures, particularly of big states, are bicameral i.e. legislatures with two houses (Bi = Two, Cameral = House).

However several states, mostly the small states and provinces of a federal system, have unicameral legislatures, i.e. legislatures with single houses. Where the legislature is bicameral, “the first house is usually called the lower house, and the second house is called the upper house.

India, USA, UK, France, Russia, Switzerland, Australia and a large number of other states have bicameral legislature. 22 states of India have bicameral legislatures.

The unicameral legislatures are working in China, New Zealand, Zimbabwe, Turkey, Portugal and several other states. The state legislatures of all the Canadian and Swiss cantons (provisions) are unicameral. In India, 6 states and 2 Union Territories have unicameral legislatures…

Arguments in Favour of a Bi-cameral Or Arguments against a Unicameral Legislature:

1. Second Chamber is a Safeguard against the Despotism of a Single Chamber:

The second chamber of a legislature is essential for preventing the first house from becoming arbitrary and despotic. A single chamber with all the legislative power can become corrupt and despotic. The second chamber is needed for keeping it away from being arbitrary and despotic.

2. Second Chamber is essential for preventing Hasty and 111- Considered Legislation:

Second chamber prevents the passing of hasty and ill-considered legislation by a single chamber. With a view to satisfy mass passions and demands, the single chamber can commit the mistake of passing ill-considered measures in a haste, which can subsequently be a source of big harm to the national interests. The second chamber prevents or at least considerably limits such chances. It exercises a checking and modifying influence on the bill passed by the first house.

3. Second Chamber acts as a Revising Chamber:

The legislative work in the modern welfare state has become highly complex and technical. It demands a deep and careful examination of all aspects of the measures which are to be enacted into laws. The second chamber performs the role of a reviser. “When deliberations have to be done, two heads are better than one.”

4. Second Chamber Lessens the Burden of the First House:

The emergence of welfare state has produced a manifold increase in the scope of law-making. A modern legislature has to pass a large number of laws. Under the circumstances, a legislature with a single chamber can fail to effectively pass all the legislative work. The second house is needed for sharing the legislative work.

5. Two Houses Better Represent Public Opinion:

The two houses can together correctly act as the barometer of public opinion. A single house can grow out of tune and fail to keep in harmony with public opinion. The second house chosen at a different time can help the legislature in overcoming the above defect.

6. Essential for giving Representation to Special Interests:

The second chamber provides a convenient means for giving representation to different classes and interests which need representation. The lower chamber can consist of the elected representatives of the people as a whole, and the upper house can give representation to the minorities and special interests and groups like the Labour, women, scientists, artists, teachers, intellectuals, writers, chambers of commerce.

7. Delay is Useful:

The critics of the second chamber often argue that it is a source of delay in the passing of laws. Undoubtedly, the passing of laws by two houses leads to some delay. However, this delay is very useful. It helps the crystalisation of public opinion on all bills before they become laws. The existence of second chamber acts as a source of delay between the introduction and final adoption of a law and thus permits time for reflection and deliberation.

8. Essential for a Federation:

A bi-cameral legislature is considered essential for a federal system. In such a system, the lower house gives representation to the people of the state as a whole and the upper house gives representation to the units of the federation.

9. Instrument for Utilising the Services of the Able and the Experienced Persons:

A second chamber makes it possible for the state to use the political and administrative ability of such people, who for certain reasons are not in a position, or are not quite willing to enter the lower house through elections. The second chamber can, as such, help the induction of experience and ability into the legislature.

10. Second Chamber is a Source of Stability:

The second chamber can be given a longer and continuous term for securing stability. The lower house, being the representative of the people has to be given a shorter tenure. As against this, the second chamber can be given a longer tenure and a permanent or quasi-permanent character for ensuring some stability. It has been due to such a consideration that a member of Indian Rajya Sabha has six year tenure and this house has a quasi- permanent character—it is never dissolved as a whole and only l/3rd of its members retires after every two years.

11. Historical Support:

History supports the case in favour of bicameralism. The successful working of bicameral legislatures in various states of the world is an accepted fact. No major state, whatever its form of government, has been willing to dispense with the second chamber. “The experience of history has been, in favour of two chambers. It is not wise to disregard the lesson of history.”

On the basis of all these arguments, the supporters of bi-cameral legislature build a very strong case. They reject the case for unicameralism.

Arguments against Bicameral Legislature or Arguments in favour of Unicameral Legislature:

The critics of bi-cameralism and supporters of uni-cameralism, however, reject the thesis that second chamber is essential. They oppose it as a superfluous chamber which always results into more disadvantages than advantages.

Bicameralism is opposed and uni-cameralism is supported on the basis of the following arguments:

1. Two Chambers Confuse Public Opinion:

The critics argue that public opinion is one and can be represented by a single chamber. Sovereignty is one. People are sovereign. Their will is one and cannot be divided. They are best represented by a single chamber. Two chambers confuse public opinion, particularly when one chamber disagrees with the second chamber.

2. Second chamber is either Mischievous or Superfluous:

Abbie Sieyes holds that the second chamber is either mischievous or superfluous. If the second chamber dissents from the first, it is mischievous; if it agrees with it, it is superfluous. This argument assumes that the popular will is represented by the lower house.

3. Problem of Organising the Second Chamber:

It is a universal rule that the first house should be a directly elected representative house of the people. However, there exists no consensus regarding the organisation of the second chamber. Different bases have been adopted by different states, but the results have been not encouraging.

The hereditary and nominated character of the British House of Lords has made it a secondary and almost useless house. The US Senate, because of its small size and long” tenure, has become more powerful than the US House of Representatives.

The Indian experiment of striking a balance, by making the Rajya Sabha neither as powerless as the British House of Lords nor as powerful as the US Senate, has also failed to produce the desired results. The Rajya Sabha has not been successful in exercising desired control or in sharing the burden of the Lok Sabha. As such, there exists no sound method for organising the second chamber.

4. No Law is passed in a Hurry:

In the prevailing system of law-making in which a bill has to go through several stages before getting a place in the statutes book, there is no need for a second house. The system of Law-making as it operates today eliminates the chances of ill-considered and hasty legislation by a single chamber. Hence, the second chamber is not needed.

5. Source of Delay in Legislation:

The second chamber is always a source of unwanted delay. A bill has to pass through several stages in the first house before getting passed. When it goes to the second house, it has to again pass through a similar process. It causes unwanted and harmful delay. In this process, the legislation gets unnecessarily delayed.

6. Revision of the Bill by Second House is Unnecessary and Useless:

The critics of bi-cameralism reject the argument that the second house is needed for revising the bill.

They argue:

(i) The revision is unnecessary because the bill is revised thrice by the first house before it is passed;

(ii) The emergence of well organised committee system has made the revision of the bill by second house redundant; and

(iii) Since all discussions in the second house too are held on party lines, no really objective or additional revision is done during the discussions. As such, there is neither the need for nor any use of the so called revision done by the second house.

7. The Second Chamber is not in a position to check the Despotism of the First House:

The opponents of bi-cameralism hold, that in actual practice, the second chamber is never in a position to check the so called despotism of the first chamber. It merely works as a delaying house or a slowing-down chamber. The Indian Rajya Sabha can only delay a money bill for 14 days only and an ordinary bill for a little longer duration.

8. Second Chamber is mostly a Conservative and Reactionary Chamber:

It is alleged by the critics of the second chamber that it is generally citadels of reaction and conservatism. It acts as a brake on the wheels of democracy. The practice of giving representation to minorities and special interests makes the second chambers reactionary and conservative houses. The second chamber is usually dominated by the rich businessmen, capitalists, landlords and the ‘elitist’ sections of society.

9. Special Interests can be represented in the First House:

The supporters of unicameral legislatures advocate that the special interests of minorities and weaker sections of society can be given representation in the lower house without any loss. This can be done without disturbing the nature and character of the membership of the house as determined by the people through elections.

10. Second Chamber is not essential for a Federation:

The importance of second chamber as the representative of the units of a federation has also lost its relevance because of the role of political parties in the political system. Political parties now dominate the entire political life of every state—federal as well as unitary or non-federal. Since every election is fought on party basis, the second chamber too represents party interests and not the units of the federation.

11. Increased Expenses:

The existence of two chambers means more burdens on the finances of the state without much use, because the second chamber almost always fails to perform its due role in the legislative process. The second chamber entails heavy expenditure and renders no useful purpose.

On the basis of all these arguments, the supporters of uni-cameralism strongly advocate the case for single chamber legislatures. They reject bi-cameralism as unnecessary, less-useful, and an unwanted expensive system which seriously limits the legislative work.

Judiciary: Functions, Importance and an Essential Quality of Judiciary?

The Judiciary is the third organ of the government. It has the responsibility to apply the laws to specific cases and settle all disputes. The real ‘meaning of law’ is what the judges decide during the course of giving their judgements in various cases. From the citizen’s point of view, Judiciary is the most important organ of the government because it acts as their protector against the possible excesses of legislative and executive organs. Role of Judiciary as the guardian-protector of the constitution and the fundamental rights of the people makes it more respectable than other two organs.

Functions of Judiciary and Its Importance:

1. To Give Justice to the people:

The first and foremost function of the judiciary is to give justice to the people, whenever they may approach it. It awards punishment to those who after trial are found guilty of violating the laws of the state or the rights of the people.

The aggrieved citizens can go to the courts for seeking redress and compensation. They can do so either when they fear any harm to their rights or after they have suffered any loss. The judiciary fixes the quantity and quality of punishment to be given to the criminals. It decides all cases involving grant of compensations to the citizens.

2. Interpretation and Application of Laws:

One of the major functions of the judiciary is to interpret and apply laws to specific cases. In the course of deciding the disputes that come before it, the judges interpret and apply laws. Every law needs a proper interpretation for getting applied to every specific case. This function is performed by the judges. The law means what the judges interpret it to mean.

3. Role in Law-making:

The judiciary also plays a role in law-making. The decisions given by the courts really determine the meaning, nature and scope of the laws passed by the legislature. The interpretation of laws by the judiciary amounts to law-making as it is these interpretations which really define the laws.

Moreover, ‘the judgements delivered by the higher courts, which are the Courts of Records, are binding upon lower courts. The latter can decide the cases before them on the basis of the decisions made by the higher courts. Judicial decisions constitute a source of law.

4. Equity Legislation:

Where a law is silent or ambiguous, or appears to be inconsistent with some other law of the land, the judges depend upon their sense of justice, fairness, impartiality, honesty and wisdom for deciding the cases. Such decisions always involve law-making. It is usually termed as equity legislation.

5. Protection of Rights:

The judiciary has the supreme responsibility to safeguard the rights of the people. A citizen has the right to seek the protection of the judiciary in case his rights are violated or threatened to be violated by the government or by private organisations or fellow citizens. In all such cases, it becomes the responsibility of the judiciary to protect his rights of the people.

6. Guardian of the Constitution:

The judiciary acts as the guardian of the Constitution. The Constitution is the supreme law of the land and it is the responsibility of the judiciary to interpret and protect it. For this purpose the judiciary can conduct judicial review over any law for determining as to whether or not it is in accordance with the letter and spirit of the constitution. In case any law is found ultra vires (unconstitutional), it is rejected by the judiciary and it becomes invalid for future. This power of the court is called the power of judicial review.

7. Power to get its Decisions and Judgements enforced:

The judiciary has the power not only to deliver judgements and decide disputes, but also to get these enforced. It can direct the executive to carry out its decisions. It can summon any person and directly know the truth from him.

In case any person is held:

(i)             Guilty of not following any decision of the court, or

(ii)           Of acting against the direction of the court, or

(iii)         Misleading the court, or

(iv)         Of not appearing before the court in a case being heard by it, the Court has the power to punish the person for the contempt of court.

8. Special Role in a Federation:

In a federal system, the judiciary has to perform an additionally important role as the guardian of the constitution and the arbiter of disputes between the centre and states. It acts as an independent and impartial umpire between the central government and state governments as well as among the states. All legal centre-state disputes are settled by the judiciary.

9. Running of the Judicial Administration:

The judiciary is not a department of the government. It is independent of both the legislature and the executive. It is a separate and independent organ with its own organisation and officials. It has the power to decide the nature of judicial organisation in the state. It frames and enforces its own rules.

These govern the recruitment and working of the magistrates and other persons working in the courts. It makes and enforces rules for the orderly and efficient conduct of judicial administration.

10. Advisory Functions:

Very often the courts are given the responsibility to give advisory opinions to the rulers on any legal matter. For example, the President of India the power to refer to the Supreme Court any question of law or fact which is of public importance.

11. To Conduct Judicial Inquiries:

Judges are very often called upon to head Enquiry Commissions constituted to enquire into some serious incidents resulting from the alleged errors or omissions on the part of government or some public servants. Commissions of enquiry headed by a single judge are also sometimes constituted for investigating important and complicated issues and problems.

12. Miscellaneous Functions:

Besides the above major functions, the judiciary also performs several other functions. Some such functions are the appointment of certain local officials of the court, choosing of clerical and other employees. Cases relating to grant of licenses, patents, and copy rights, the appointment of guardians and trustees, the admission of wills, to appoint trustees to look after the property of the minors, to settle the issues of successions of property and rights, issue of administrating the estates of deceased persons, the appointment of receivers, naturalization of aliens, marriage and divorce cases, election petitions and the like.

Through all these functions, the Judiciary plays an important role in each state. It also plays a role in the evolution of Constitution through the exercise of its right to interpret and safeguard it against all legislative and executive excesses.

 

Importance of Independent Judiciary?

In the life of the citizens of a state, Judiciary is a source of confidence and fearlessness. The common man depends upon judiciary for getting justice. Without a security of rights and freedom guaranteed by the judiciary, they cannot really hope to carry out their jobs and enjoy their living. They are more dependent upon judiciary than the legislature and the executive. Without judicial protection, their lives can become miserable. From citizens point of view Judiciary is the most important organ of the government.

Garner highlights this view when he observes, “A society without legislature is conceivable, and indeed, legislative organs did not make their appearance in the state until modern times, but a civilised state without a judicial organ and machinery is hardly conceivable.”

Judiciary enjoys a big importance in the eyes of the people because it acts as:

1.    The dispenser of Justice.

2.    Protector of the rights of the people.

3.    Guardian protector of the Constitution of the State.

4.    Arbiter of center-state disputes.

5.    Safeguard against Legislative and executive excesses.

6.    Check against arbitrary exercise of powers by the power-holders.

7.    Guardian of Rule of Law and Justice.

An independent judiciary is always considered to be the most essential part of every democratic government worth its name. A government without judiciary is almost inconceivable. A government without independent judiciary is always held to be an authoritarian government.

Independence of Judiciary: An Essential Quality:

The chief quality which helps the judiciary to faithfully administer justice and to perform its functions efficiently is judicial independence. It is only when the judiciary works independently without any interference of the other two organs of the government that it can carry out its high responsibilities.

“The independence of judiciary,” writes Dr. P. Sharan, “is a corner stone of every democratic government and upon it is built the structure of civil liberty.” Judiciary can perform its functions only when it is free to administer justice according to law. Without being well-organised and independent it can never serve its purpose. Therefore, Judiciary must be organised in such a way as can enable the judges to give their judgements without any fear or favour.

Organisation of Judiciary must be based on the following features:

1.    Appointment of only highly qualified and experienced judges.

2.    The Judiciary must have prevented the executive and legislature from committing excesses.

3.    The ability of the judiciary to maintain and independently run the judicial administration.

4.    The Judiciary must be made the guardian protector of the Constitution,

5.    The Judiciary must ensure full, fair and less- expensive opportunities to the people for defending their rights and getting justice.

6.    The method of appointment of judges must be fair, systematic, effective and transparent.

UNIT-III : FORMS OF GOVERNMENT

1. Unitary and Federal forms of Governments-Merits and Demerits.

Merits and Demerits of Unitary System of Government?

A Unitary system of government is best practiced in a homogeneous state because political powers of the state are concentrated in the hands of one single central government. There is no power sharing between the national government and any regional government. Nonetheless, the central government has the power to delegate its powers through delegated legislature to regional or subordinate bodies.

One of the reasons why many countries still practice unitary system of government is the fact that; through the concentration of political powers in one government, it will promote peace, security and a more stable government in the country. Nonetheless, this system of government also has its disadvantages or demerits anyway.

Merits of unitary system of government

1. Easy and quicker decision making:

One of the most significant merits of unitary system of government is the fact that there is lesser authority to be consulted before decisions in the country are made. This brings about easy and faster decision making by the government on critical matters. It is unlike a federal system of government where all the units of governments and authorities in the state must be consulted be decisions are made.

2. Promotion of peace and unity:

Another reason why a unitary system of government is advantageous is the fact that; it tends to bring peace and unity in the country. Since there is just one government controlling the whole country, there will be no opposition of powers, debate or struggle before decisions that affect the government are made.

3. Prevention of the waste of human resources:

It has also been argued that one of the merits of unitary system of government is that, it prevention of waste of human resources in the nation. This is largely true because, the concentration of powers puts all authority of the sate in one government which will make it better and easier for resources of the to be disseminated to every parts of the nation.

However, it will not easy in a federal system of government because, in a federation, different units of the government handle the resources of the state independently of othere. Thus, there is more likelihood of wasting the resources.

4. Unitary system of government removes the problem of constitutional friction between the national and regional government:

One of the problems which unitary system of government tends to solve is the constitutional friction between the national and regional government. In a federation, there is usually no clear cut demarcation between the powers and functions of the national and regional governments. In light of that, there is usually a clash between the central government and regional government in a federation.

Merits and Demerits of unitary system of government

Disadvantages of Unitary system of government

Below are the disadvantages or demerits of unitary system of government:

1. The central government are burdened with too many functions and responsibilities:

In a unitary system of government, the central government is usually burdened with so many functions and responsibilities because there is no other unit of government to share those functions with.

This is even a bigger problem it is wrongly practiced in a large nation. It might be impossible for the central government to manage all the problem in the country effectively.

2. Unequal growth and development in the state:

Another demerit of unitary system of government is the unequal growth and development which the system causes. This is so because the central government can not possibly develop every part of the nation at the same time without sharing its powers. Definitely some parts of the nation will be left aside.

Conversely, this will lead to an unequal development in the nation. As a result of this demerit, Unitary system of government can also cause crisis in a nation.

3. Unitary system of government is unsuitable for a multi-ethnic country:

This is another significant reason why many countries jettison unitary system of government. Unitary system of government is not suitable for a multi-ethical nation.

In fact, it is unfeasible to practice unitary system in such kind of nation. This is so because, in a multi-ethical nation people have different beliefs and religion. Conversely, if political powers are concentrated in the hands of just one central government, leaving people at the local level aside, there will definitely be crisis and power struggle in the country.

4. It does not create room for wider participation in government:

In a unitary system of government, powers are concentrated in the center, making it difficult or even impossible for people at the local level to be able to participate in government. This is unlike a federal system because it does not allow for a wider participation of government.

However, in a federation, powers are clearly share and the local government system is employed to ensure that there is a government at the grassroot level. Thus, even if people can not participate in the activities of the nation from the national level, they can still participate from the local level.

5. Slow growth and development of the country:

Unitary system of government usually causes a slow economic growth and development in the country, especially in a heterogeneous economy.

This is so because only one central government can not possibly bring about develop in a country with different tribes and religion.

But if the powers are shared between different units, each government will be able to focus and ensure rapid growth.

What are the Merits of the Federal Government ?

The following are the essentials of a federal government:-

(1) A precise distribution of powers between the centre and the states (units);

(2) The supremacy of the constitution;

(3) The supremacy of Judiciary;

(1) Distribution of powers between the Centre and the States:

There is a distribution of powers between the centre and the state governments, because a distribution of powers between the centre and constituent units is indispensable for its existence. Secondly, for administrative efficiency, the central government grants autonomy to provincial governments. Thus, the division of powers between the centre and the units is indispensable. Generally, the division of powers is made in such a way that matters of national importance are given to centre and matters of regional interest be given to provincial governments.

1. Suitable for Big Coun­tries:

A federation is highly useful for a vast country having diversity of race, religion, language etc. It provides means where by small states can have for something all the advantages accruing from na­tional unity and at the same time retain their separate entity and freedom to manage their own af­fairs as they like.

It is a boon for small states of the world which cannot maintain strong defence and sound economy.

2. Satisfaction of Local Needs:

The government of the units in a federation understand the local needs and meet them effec­tively.

3. Division of Labour:

It relieves the central authorities of the pressure of work and thereby permits them to devote their attention to nation building activities. It is, thus, based on the principle of division of labour.

4. Training in Local Self- Government:

It is a means to give people a training in the art of local self-government. It enables the local units to conduct experiments in legislation and administration without affecting the interests of the entire country.

5. Boon for small States:

Federation is the best device by which small states can preserve their dignity and escape foreign aggression.

What are the Demerits of the Federal Government?

1. Weak:

A federal govern­ment is less effective in the spheres of foreign policy and national de­fence as compared to a unitary government. The component units may place impediments in the way of the central government in carry­ing out its treaty obligations with other states.

It is inefficient as compared to a unitary government because of diversity of law and administration obtaining in the country.

2. Clash between National and Local Interests:

There is always a tug-of-war going on be­tween local and national interests. Sometimes one is sacrificed for the sake of the other. This struggle is detrimental to the best interests of the country.

3. Highly Expensive:

A fed­eration is a highly expensive gov­ernment because there is duplica­tion of all political institutions.

 

 

2. Parliamentary and Presidential forms of Governments- Merits and Demerits.

What is a Parliamentary system of government?

Features of parliamentary form of government

 

1.    Nominal and Real Executives: The President is the nominal executive (de jure executive or titular executive) while the Prime Minister is the real executive (de facto executive). Thus, the President is head of the State, while the Prime Minister is head of the government.

2.    Majority Party Rule: The political party which secures majority seats in the LokSabha forms the government. The leader of that party is appointed as the Prime Minister by the President; other ministers are appointed by the President on the advice of the prime minister. However, when no single party gets the majority, a coalition of parties may be invited by the President to form the government.

3.    Collective Responsibility: This is the bedrock principle of parliamentary government. The ministers are collectively responsible to the Parliament.

 

4.    Double Membership: The ministers are members of both the legislature and the executive.

 Leadership of the Prime Minister: The Prime Minister plays the leadership role in this system of government. He is the leader of council of ministers, leader of the Parliament and leader of the party in power. In these capacities, he plays a significant and highly crucial role in the functioning of the government.

 The parliamentary system of government holds the executive accountable to the legislature for its policies and actions.

• The President and the Council of Ministers, with the Prime Minister at the helm, make up the executive. The President serves as the government’s nominal executive, but the Prime Minister and the Council of Ministers serve as the real executive.

Merits of Parliamentary Form of Government

1. Cooperation between the executive and legislative branches:

• The executive is part of the legislature under a Parliamentary system, and the dominant party usually has a grip in parliament, making it easier to pass and enforce laws and policies.
• The parliamentary system, as opposed to the presidential system, allows for a lot more coordination because the government's departments are rigidly segregated from one another.
• Because the party has a majority in the lower chamber, the likelihood of disagreements and confrontation is minimized.

2. Responsible Government:

• 'Responsible government' is another term for the Parliamentary system of government.
• All other members of the legislature address issues that are of public concern and national importance.

3. Diverse Representation:

• People from various backgrounds, ethnicities, faiths, races, and genders live in many countries across the world.
• Because every group is represented in the legislature, the parliamentary system is best equipped to accommodate all of these various groupings.

4.Flexibility:

• In contrast to the Presidential system, where the President usually remains for the entire term and can only be replaced through impeachment or incapacity, which is a lengthy process, the Prime Minister can be removed from power quickly.
• If the ruling party's promises made before the elections are not kept, parliament may vote a no-confidence resolution, allowing the government to be dismissed.

5.Check on Authoritarianism:

• In the Presidential System, power is concentrated primarily in the hands of the President. He has the authority to appoint cabinet members.
• In the Parliamentary system, on the other hand, power is shared among the council of ministers, and the ruling party does not become all-powerful; the government can resign if a vote of no confidence is passed against it.

Demerits of Parliamentary Form Of Government

1.Poor separation of powers:

• Because this system lacks a full division of powers, the legislature cannot always blame the administration for policy failures.
• Especially when the government has a legislative majority.
• Furthermore, due to anti-defection rules, legislators are unable to exert their willpower and vote according to their understanding and ideas.
• They must evaluate and adhere to the party whip.

2.Unqualified Legislature:

• Many times, those who only desire to fill executive roles end themselves in the legislature as well.

The majority of them are unfamiliar with their own country's laws.

3.Instability:

• In comparison to the Presidential system, the Parliamentary system is less stable because the government can fall at any time.
• The government does not have a definite term. The administration will be replaced as soon as a no-confidence resolution is passed in the House of Commons.

4.Inability to make a quick judgment:

• Because of the system's instability, the government doesn’t make quick judgments in times of crisis. The government is afraid of making big, long-term decisions.

5.Politics of Parties and non-continuation of policies:

• Politics is especially visible in the parliamentary system when legislators are motivated by self-interest rather than national interest.
• When different political Parties come to power they try to ignore previous government policies.

Conclusion

Every system, whether presidential or parliamentary, has its own set of advantages and disadvantages. It is up to the government of a given country to choose the system that is most suited to their needs. Because every country is unique in terms of its structure, people, and culture, it is critical to understand the country's needs

PRESIDENTIAL FORM OF 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.

1.    MERITS

5.          Stable government is possible.

 

6.          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.

7.          There is continuous and consistent policy.

8.          Highly suitable during the period of national crisis.

9.          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-IV : DEMOCRACY

1. Meaning, Definition, Significance, Theories and Principles of Democracy.

Democracy: Definition and Explanation

DEFINITION

1.    In the words of President Abraham Lincoln, it is a government of the people, by the people and for the people.

2.    According to Bryce, “Democracy is that form of Government in which the ruling power of a state is legally vested, not in any particular class or classes but in the members of the community as a whole”.

3.    “Democracy”, writes Mazzini, “is the government of the best and wisest, for the progress of all and through all”.

4.    Prof. Seeley says, “Democracy is a government in which everybody has a share”.

FEATURES:-

1. Democracy is a form of government in which people’s participation is of primary importance.

2. People may participate either directly or indirectly.

3. It is a form of government in which people have equal opportunity and this type of government is based on individual merit and no place of hereditary privilege is to be found in democracy.

Distribution of opportunities is adopted for reduction or removal of inequalities.

5. Democracy recognises that all the sections of the community will receive their due shares.

6. Interests of the minorities will be duly protected and state makes arrangements for that.

7. All the public offices and opportunities are opened to everyone and to fill the posts public examinations are held. There is also open competition on in which every eligible citizen has the right to participate.

It is a system of government which does not make any discrimination on the basis of caste, religion, sex, birth etc.

9. In democracy all must have the scope to govern or to be a member of government.

10. Rulers are to be accountable to the ruled and forms of accountability are many.

11. Rules are to be chosen by the ruled.

12. People shall have the right to decide who would rule them.

Kinds of Democracy?

Direct Democracy:

There are two types of democracy:

(1) Pure or Direct, and

(2) Indirect or Representative.

Direct Democracy:

When the people themselves directly express their will on public affairs, the type of government is called pure or direct democracy. The people formulate laws in a mass meeting. Hearnshaw has said, “A democratic form of government, in the strict sense of the term, is one in which the community as a whole, directly or immediately, without agents or representatives, performs the functions of sovereignty”.

Direct Democracy was established in ancient Greek city-states. In India, direct democracy was seen in Vajji Sangha during the Buddhist Periods. Today when large and complex societies have emerged and when area of is very extensive, direct democracy is impracticable. This system now prevails only four Cantons of Switzerland. They are Appenzell, Uri, Unterwalden and Glarus.

Representative or Indirect Democracy:

In a Representative or Indirect Democracy the will of the state is formulated and expressed not directly by the people themselves, but by their representatives to whom they delegate the power of deliberation and decision-making.

John Stuart Mill has said in this regard that “Indirect or representative democracy is one in which the whole people or some numerous portion of them exercise the governing power through deputies periodically elected by themselves”.

Another writer Bluntschli has said, “In the representative democracy the rule is that the people govern through its officials; while it legislates, and controls the administration through its representatives”.

This type of government was established in England in the seventeenth century. In France, it was established in 1830 and in Italy in 1948. In Germany it was established after the First World War according to Weimer Constitution. Again this system was established in West Germany after the Second World War. In India direct democracy was introduced in the Minto-Morley Reforms of 1909.

Today this system is seen in many countries like Japan, Sri Lanka, India, Canada, Australia, New Zealand, the United States of America, West Germany, Italy, France, Holland, Denmark, Sweden, Norway, Austria and Belgium.

Basic Principles or Requisites of Democracy?

(1) Liberty:

The main basis of democracy is liberty and equality. The people enjoy maximum liberty and equality because criticism of the people is not only tolerated in this system, but it is also encouraged. In Great Britain, the leader of the Opposition is paid by the government and he is consulted by the Prime Minister in national emergency.

For example, when South Rhodesia threatened to declare its freedom unilaterally and when later on it declared its freedom, the British Prime Minister consulted the leaders of the Conservative Party and Liberal Party. When Pakistan invaded India during August-September, 1965. Prime Minister Lal Bahadur Shastri consulted the leaders of Opposition parties.

The late Prime Minister Lal Bahadur Shastri conferred with the leaders of the Opposition parties before leaving for Tashkent for talks with President Ayub Khan of Pakistan on January 5, 1966. In Monarchies, Dictatorships, Aristocracies and Oligarchies the people and the Opposition parties have no say in matters of national importance.

(2) Equality:

Special emphasis is laid on equality in democracy and there is no disparity among the people on the basis of caste, creed, religion and position or status. For example, untouchability has been abolished in India.

Besides this, all are equal before law and there is no privileged class in India. It is essential to establish political and economic equality along with social equality. Thus, in order to establish political equality, all disparities on the basis of caste, religion, colour and sex have been removed in India and Adult Franchise has been introduced in order to give opportunity to all the citizens to contest election to Provincial Assemblies and Lok Sabha.

Efforts have also been made to establish social and political equality in democracies like England, Japan, France, Belgium, Holland, Denmark, Sweden, Norway, West Germany, the United States of America and Italy. Political and social equality is useless without economic equality. The Indian National Congress passed a resolution in its Bhubaneswar Session in January, 1964 to bring about socialism through democratic means. Sincere efforts are now being made to implement this resolution.

(3) Fraternity:

Democracy can become successful only in a peaceful atmosphere, otherwise democracy has to face many difficulties. For this purpose Jawaharlal Nehru placed an idea of Panch Sheel before the world in 1954. Our government and many other democratic governments of the world are making efforts to promote world peace. India was the President of the Non-Aligned Movement and propagating this policy.

(4) The people as ultimate source of sovereignty:

In a democracy, people are the ultimate source of sovereignty, and the government derives its power from them. For this purpose elections take place in democracies at certain intervals. In India and England, General Elections take place after every five years and in U.S.A. after every four years.

(5) Fundamental Rights to the People:

In a democracy people are given fundamental rights because in the absence of these rights the development of an individual is not possible. Fundamental rights have been granted to the people in their Constitutions in India, Japan, U.S A., France and Italy. In England the rights and freedom of the people are protected through the Rule of Law, Charters, Acts of Parliament, and Judicial Decisions given from time to time.

(6) Independence of Judiciary:

In a democracy, it is responsibility of the judiciary to protect the fundamental rights of the people. In our country the Supreme Court and the High Court’s protect the Constitution and the fundamental rights of the people. Wherever judiciary is not free, the protection of fundamental rights is not possible.

(7) The people are considered as an end and State as the means in a democracy:

This is one of the main characteristics of democracy that individual is a mean and the state is an end. It means that the state makes use of the individual for its own interest. In a dictatorship no attention is paid to the freedom of the individual.

(8) Welfare State:

Democracy is a welfare state and m it special attention is paid to the welfare of the people as a whole and not to a particular class.

Future of Democracy:

Democracy, no doubt, has its own defects, but no government is a panacea for all human ills. This is better than other forms of governments. Aristocracy, Oligarchy and Dictatorship. Democracy is preferred by the disillusioned and frustrated people of the world because it still offers better prospects and some gleams of hope.

Burns has rightly said, “No one denies that existing representative assemblies are defective but even an automobile does not work well, it is foolish to go back to a farm cart, however romantic.” John Stuart Mill says. “After giving full weight to all that appeared to me well- grounded in the arguments against Democracy, I unhesitatingly decided in its favour”.

After World War I, Hitler in Germany and Mussolini in Italy established dictatorship, but they restored to victory, violence and war to gain popularity, with the result that the World War started in which they were defeated and ruined. After World War 11, democratic governments were established in West Germany, Italy, Japan, Austria, India, Sri Lanka, etc. Many African countries have achieved freedom and all of them established democracy.

Though dictatorships were established in Pakistan, Turkey, Egypt and Syria after military coups, yet, they are also leaning towards democracy. In the past, political parties were banned there, but now the ban has been lifted.

Press, people and political parties have now been given the freedom to criticize the government. The Communist governments are also proud of calling themselves democracies. Russian people say that they have established socialistic democracy in their country. Though we do not agree with this view, yet we can say that the future of democracy is bright and the world is now inclined towards it, because other forms of governments do not guarantee those rights.

From the point of view of formation of government, democracy is of two kinds?

(i) Pure or direct democracy.

(ii) Representative or indirect democracy.

i. Direct Democracy:

In direct democracy all adult population, remaining present in the form of assembly, takes part in decision-making and exercise of power. It does not delegate its powers to any other person or representatives. Ancient Greek city-states had direct democracy. In modern times, only some cantons of Switzerland have such direct popular assembly, known as Landsgemiende.

Still some devices of direct democracy are available:

(1) Referendum, meaning referring some important issue, policy or decision to the people, such as, amendment of the constitution. Rendering opinion by the people can be (i) compulsory, or (ii) voluntary.

(2) Initiative implying that the people or a certain portion of the citizenry can take initiative to get certain law of its choice passed. They can send the proposal to the legislature which may enact it on usual lines.

(3) Recall. By this device, the people of a constit­uency, by their majority can ask the legislature to send back their representative, and, thus, cancel his membership. Many states of the United States empower their people to do so.

(4) Plebiscite indicates that the people are directly consulted on questions of political importance.

In 1935, the people of Saar were asked to express their opinion whether they wanted to remain in Germany or not. The people of Junagarh (Saurashtra-Gujarat) were asked to give opinion whether they wanted to remain in India or in Pakistan.

Merits  of Direct Democracy

1. Sovereignty:

It provides people the right to decide the issues of fundamental importance authoritatively and directly.

2. Promotes participation:

There is a meaningful participation by the citizens in the process of decisions concerning public interests and therefore it has an effect of motivating citizens to come out in larger numbers to participate. Direct participation helps citizens to get involved & have a meaningful role in public life.

3. Low Manipulation:

Direct democracy procedures are rarely at peril of manipulation.  Direct democracy has features of supporting both a constructive organization & common interest of civil society.

4. Reduced Expenses:

Direct democracy is not covered by the media coverage. Direct democracy is not expensive and it may help to avoid huge expenses.

5. Solving Social Conflicts:

Direct democracy procedures are more effective in solving social conflicts.

Demerits  of Direct Democracy

1. Citizens Competence:

In a direct democracy, citizens require high-level knowledge of issues that may be labyrinthine in nature. There exists a possibility that a certain person doesn’t have much knowledge to make informed decisions & consequently that can lead to a wrong & manipulated decision.

2. Public Participation:

The total population of cantons of Switzerland is 40,000 people as of December 2017. When 6,000 people hold their parliamentary debate and issue votes, thus the 15% participation rate was achieved.^[2] But in case participation is not high then the policy would not be implemented to its benefit for the nation.

3. Unstable Government:

The views of each person would be difficult to consider in the formation of any law. Hence, the opposing opinions of people will lead to increasing conflict of interest and at last will form an unstable government with poor administration.

4. Decrease in Public Participation:

If the participating people arrive at a conclusion that their views are not given due importance that would hamper public participation and thus it would lead to loss of public participation.

5. Ill Informed Voters:

In countries with low population like- Switzerland, the voters should be well informed about the contemporary issues and its consequent impact on the society, it is pivotal since it would affect the country at large. The minorities from the population should be attributed great importance for the well being & development of the country.

ii. Indirect Democracy:

indirect democracy is also known by the name of representative democracy. Indirect democracy takes a different route; in the present system power is delegated to the representatives, in such a system people play an indirect role in the electoral process. In this process people elect representatives, who then go on to vote on different issues concerning public interest. It is specifically more applicable to India. It is more suitable for those countries which have a very high population. In a largely populated country it isn’t feasible to involve everyone in the decision making process hence for such countries, indirect democracy is more suitable. Indirect Democracy also has its form’s like-

1.    Presidential Form

2.    Parliamentary or Cabinet Form

3.    Unitary Form

4.    Federal Form

5.    Mixed Form

 

It is also called representative democracy. In this form of democracy, people instead of directly taking any part in government, do so by and through their elected representatives. Crores of people of a country cannot assemble at one place and discuss matters and make law. Now all adults elect their representatives at regular intervals. Indirect democracy too has many forms: (i) Parliamentary or Cabinet Form; (ii) Presidential Form; (iii) Unitary Form, and (iv) Federal Form. There are many mixed forms of indirect democracy.

Merits  of Indirect Democracy

1. Rule of the people:

Indirect democracy enables the government to act on what the majority people want, instead of the government imposing their own views, they take into consideration the views of people before acting on any policy.

2. Liberty to take any stand:

Indirect Democracy enables the representatives to make their stand on any topic or issue though the votes are in minority. 

3. Check & Balance:

In Indirect democracy there is a system of checks and balances of each branch of government so that it is made sure that no branch has excessive power over any other branch.

4. Political Competition:

In indirect democracy, political parties want to be in power so that they would be represented in the parliament, the ruling party has the highest power in indirect democracy. High political competition ensures the best government to represent people.

5. Transparency in Government:

There is generally a high level of transparency in the working of the government in indirect democracy.

Demerits  of Indirect Democracy

1. Deception:

Government can deceive people in indirect democracy, since the power to elect their representative is only till the voting process and not beyond that. Once the representatives are elected, they are at their free will to follow their own agendas and conduct the government the way they want.

2. Costly: 

Indirect democracy is a costly form of government where Crores are spent by the candidates in their political marketing to entice people and lure them to cast their votes to them during elections.

3. Loss of Public Participation:

Indirect democracy leads to loss of participation, once the people discover that the candidate who is going to participate is not having any public interests then the people are left abject & are discouraged to participate in the voting process.

Conclusion

Democracy is often recognised as the best government set up, its aim should be For the People, By the People and Of the People. It gives the people the opportunity to participate either directly or indirectly and voice their opinion either directly or through a representative. Direct democracy enables the people from the country to have a higher control over the legislative power & policies matter of the government however this kind of democracy is only suitable for those countries where the population is not high and most of the people are informed to give their rational decisions.  In the case of an indirect democracy, the citizen of the country elects their representative who will perform the task of decision making.

 

 

 

 

 

 

 

 

 

 

UNIT-V :

POLITICAL PARTIES, PRESSURE GROUPS AND PUBLIC OPINION

1. Meaning, Definition and Classification of Political Parties: National and Regional-Functions of Political Parties.

Political Parties in India

India has a multi-party system, where political parties are classified as national, state or regional level parties. The status of party is accorded by the Election Commission of India, and the same is reviewed occasionally. All parties are registered with the Election Commission.

A special and unique election symbol is given to every registered party by the Election Commission.

The political parties are expected to perform four main functions:

(1) Assess the problems facing the country and suggest alternative solutions on the basis of which the party can formulate its policy;

(2) Educate the electorate in regard to these problems and convince it of the wisdom of the solutions the party advocates;

(3) Critically evaluate the policies and programmes of other parties, particularly of the one in power and point out deficiencies and short comings in them; and

the political parties can be identified on the basis of six different cri­teria:

(1) On the basis of interest, they can be classified as religious (e.g., Akali Party), cultural (e.g., Dalit, BJP) etc., while on the basis of ideology, they can be described as communist, socialist etc.

(2) On the basis of the type of membership, they can be viewed as mass-based (open to every in­dividual) and cadre-based (open to those who believe in specific ideology);

(3) On the basis of the style of operation, they can be described as open (with open forum of discussion) and latent (where decision-making is re­stricted to elite);

Functions of political parties in a democracy or part played by political parties in a democracy

A political party is a group of people who aim to attain power in the government through the elections. They have their own ideology and vision for society. They formulate various policies and programs for society. They work for the collective public interest. Let us learn about the functions of political parties.

Functions Of Political Parties:

1. Contest Elections. Political parties contest elections to win the majority and form the government. They choose their candidates who fight for the party in the elections. Those candidates are chosen who can either raise a lot of money or are sure to win the elections.

Popular personalities are also chosen to represent the political party. The candidates are chosen either by all the members of the party or only by the top leaders of the party.

2. Policies and Programmes: The political parties talk about policies in the public. They try to convince the public that the policies of their party are better. They organize demonstrations, public meetings, and speeches to discuss the policies that they would take.

3. Law-making: Political parties play a very important role in making the laws for the country. Any proposed law is first called the bill. The bill is debated in the legislature and if it gets a majority it is considered to be passed. Such a bill then becomes law for the country.

4. Form and Run the Government

The political party that wins the majority in the elections forms the government. Such a party is called the ruling party. It forms and then runs the government. It takes all the important decisions. Trained and experienced members are made the ministers who implement the politicizing of the government.

5. Role of the Oppositions: The political party that loses the elections forms the opposition party. It keeps a check on the ruling party. Opposition parties criticize the ruling government if it implements a policy that is not in favor of the masses. They also ensure that the ruling party does not misuse its power.

6. Form the Public Opinion: Political parties discuss various issues facing the country, discuss their policies and form public opinion on it. The pressure groups associated with parties inform the public about various matters. They launch movements for the problems of the country and mobilize mass support for various issues.

7. Access to Government Machinery Welfare Schemes: The political parties form an important link between the public and the] government. The leaders are answerable to the people for the policies followed by their party. It is easy for the public to approach the local leaders to raise their demands. The leaders cannot ignore their concerns as the public might not vote for them in the next elections

 

2.Pressure Groups (Interest Groups)- Meaning, Definition, Types, Functions and Significance of Public Opinion.

 

Pressure Groups?

Introduction

§  A pressure group is a group of people who are organised actively for promoting and defending their common interest. It is called so, as it attempts to bring a change in public policy by exerting pressure on the government. It acts as a liaison between the government and its members.

§  The pressure groups are also called interest groups or vested groups. They are different from the political parties, as they neither contest elections nor try to capture political power. They are concerned with specific programmes and issues and their activities are confined to the protection and promotion of the interests of their members by influencing the government.

§  The pressure groups influence the policy-making and policy implementation in the government through legal and legitimate methods like lobbying, correspondence, publicity, propagandising, petitioning, public debating, maintaining contacts with their legislators and so forth.

Techniques Used By Pressure Groups

Pressure groups resort to three different techniques in securing their purposes.

§  Electioneering: Placing in public office persons who are favourably disposed towards the interests the concerned pressure group seeks to promote.

§  Lobbying: Persuading public officers, whether they are initially favourably disposed toward them or not, to adopt and enforce the policies that they think will prove most beneficial to their interests.

§  Propagandizing: Influencing public opinion and thereby gaining an indirect influence over government, since the government in a democracy is substantially affected by public opinion.

Characteristics of Pressure Groups

§  Based on Certain Interests: Each pressure group organises itself keeping in view certain interests and thus tries to adopt the structure of power in the political systems.

§  Use of Modern as well as Traditional Means: They adopt techniques like financing of political parties, sponsoring their close candidates at the time of elections and keeping the bureaucracy also satisfied. Their traditional means include exploitation of caste, creed and religious feelings to promote their interests.

§  Resulting Out of Increasing Pressure and Demands on Resources: Scarcity of resources, claims and counterclaims on the resources from different and competing sections of the society leads to the rise of pressure groups.

§  Inadequacies of Political Parties: Pressure groups are primarily a consequence of inadequacies of the political parties.

§  Represent Changing Consciousness: For instance the increase in the food production or industrial goods does bring a change in the way individuals and groups look at the world. The stagnation in production leads to fatalism but increase in production leads to demands, protests and formation of new pressure groups.

Types of Pressure Groups

§  Institutional Interest Groups: These groups are formally organised which consist of professionally employed persons. They are a part of government machinery and try to exert their influence.These groups include political parties, legislatures, armies, bureaucracies, etc. Whenever such an association raises protest it does so by constitutional means and in accordance with the rules and regulations.

Example: IAS Association, IPS Association, State civil services association, etc.

§  Associational Interest Groups : These are organised specialised groups formed for interest articulation, but to pursue limited goals. These include trade unions, organisations of businessmen and industrialists and civic groups.

Some examples of Associational Interest Groups in India are Bengal Chamber of Commerce and Industry, Indian Chamber of Commerce, Trade Unions such as AITUC (All India Trade Union Congress), Teachers Associations, Students Associations such as National Students Union of India (NSUI) etc.

§  Anomic Interest Groups: By anomic pressure groups we mean more or less a spontaneous breakthrough into the political system from the society such as riots, demonstrations, assassinations and the like.

§  Non-Associational Interest Groups: These are the kinship and lineage groups and ethnic, regional, status and class groups that articulate interests on the basis of individuals, family and religious heads. These groups have informal structure. These include caste groups, language groups, etc.

Pressure Groups in India

§  Business Groups – Federation of Indian Chamber of Commerce and Industry (FICCI), Associated Chamber of Commerce and Industry of India (ASSOCHAM), Federation of All India Foodgrain Dealers Association (FAIFDA), etc

§  Trade Unions – All-India Trade Union Congress (AITUC), Indian National Trade Union Congress (INTUC), Hind Mazdoor Sabha (HMS), Bharatiya Mazdoor Sangh (BMS)

§  Professional Groups – Indian Medical Association (IMA), Bar Council of India (BCI), All India Federation of University and College Teachers (AIFUCT)

§  Agrarian Groups- All India Kisan Sabha, Bharatiya Kisan Union, etc

§  Student’s Organisations- Akhila Bhartiya Vidyarthi Parishad (ABVP), All India Students Federation (AISF), National Students Union of India (NSUI)

§  Religious Groups – Rashtriya Swayam Sevak Sangh (RSS), Vishwa Hindu Parishad (VHP), Jamaat-e-Islami, etc.

§  Caste Groups – Harijan Sevak Sangh, Nadar Caste Association, etc

§  Linguistic Groups – Tamil Sangh, Andhra Maha Sabha, etc

§  Tribal Groups – National Socialist Council of Nagaland (NSCN), Tribal National Volunteers (TNU) in Tripura, United Mizo federal org, Tribal League of Assam, etc.

§  Ideology based Groups – Narmada Bachao Andolan, Chipko Movement, Women's Rights Organisation, India Against Corruption etc.

§  Anomic Groups - Naxalite Groups, Jammu and Kashmir Liberation Front (JKLF), United Liberation Front of Assam (ULFA), Dal Khalsa, etc.

Functions, Role & Importance of Pressure Groups

§  Interest Articulation: Pressure Groups bring the demands and needs of the people to the notice of the decision-makers. The process by which the claims of the people get crystallized and articulated is called interest articulation.

§  Agents of Political Socialisation: Pressure groups are agents of political socialisation in so far as they influence the orientations of the people towards the political process. These groups play a vital role as two-way communication links between the people and the government.

§  Pressure groups play a vital role in the legislative process, not only as important structures of interest articulation, but also as active agencies engaged in lobbying with the legislators for securing desired laws or amendments in laws and policies of the government.

o   Right from the time of preparation of election manifestos of various political parties to the passing of laws by the legislators, the pressure groups remain associated with the process of rule-making.

§  Pressure Groups and Administration: Pressure Groups are actively involved with the process of administration. Through lobbying with the bureaucracy, the pressure groups are usually in a position to influence the process of policy implementation.

§  Role in Judicial Administration: Pressure Groups try to use the judicial system for securing and safeguarding their interests. Interest groups often seek access to the court for redressal of their grievances against the government as well as for getting declared a particular decision or policy as unconstitutional.

§  Pressure groups play a leading role in the formulation of public opinion. Each pressure group is continuously engaged in evaluating all such laws, rules, decisions and policies which have a direct or indirect bearing on the interests it represents. It always places the pros and cons not only before its members but also before the general public for eliciting popular support as well as for catching the attention of the government.

o   They try to gain public support and sympathy for their goals and their activity by carrying out information campaigns, organising meetings, file petitions, etc. Most of these groups try to influence the media into giving attention to these issues.

§  Pressure groups help in improving the quality of government. Consultation with affected groups is the rational way to make decisions in a free society. It makes government more efficient by enhancing the quality of the decision making process – the information and advice provided by these groups helps to improve the quality of government policy and legislation.

§  Freely operating pressure groups are essential to the effective functioning of liberal democracy.

o   They serve as a vital intermediary institutions between government and society;

o   They assist in the dispersal of political power;

o   They provide important counterweights to balance the concentration of power.

§  Pressure groups enable new concerns and issues to reach the political agenda, thereby facilitating social progress and preventing social stagnation. For example, the women’s and environmentalist movements.

§  Pressure groups increase social cohesion and political stability by providing a ‘safety-valve’ outlet for individual and collective grievances and demands.

§  Pressure groups complement the work of opposition political parties by exposing the bad policies and wrongdoings of the government. Pressure groups thereby improve the accountability of decision makers to electorates.

§  Pressure groups help to educate people, compile data and provide specific information to policy makers, thus they work as an informal source of information. Active constructive participation of numerous groups in polity helps to reconcile general interest with individual group interests.

Shortcomings of Pressure Groups

§  Narrow selfish interests: Unlike the pressure groups in the developed countries of the West, where these are invariably organised to safeguard economic, social, cultural interests, etc. in India these groups are organised around religious, regional and ethnic issues. Many a time factors of caste and religion eclipse the socioeconomic interests. The result is that instead of serving a useful purpose in the political administrative process, they are reduced to work for narrow selfish interests.

§  Misuse of power: Instead of the pressure groups exerting influence on political process, they become tools and implements to subserve political interests.

§  Instability: Most pressure groups do not have autonomous existence; they are unstable and lack commitment, their loyalties shift with political situations which threatens general welfare. They many a times resort to unconstitutional means like violence. Naxalite movement started in 1967 in West Bengal is one such example.

§  Propagating extremism: Pressure groups can allow too much influence over the government from unelected extremist minority groups, which in turn could lead to unpopular consequences.

Conclusion

§  Pressure groups are now considered as an indispensable and helpful element of the democratic process. The society has become highly complex and individuals cannot pursue their interests on their own. They need the support of other fellow beings in order to gain greater bargaining power; this gives rise to pressure groups based on common interests.

§  Democratic politics has to be politics through consultation, through negotiation and some amount of bargaining is also involved. Thus, it is very essential for the government to consult these organised groups at the time of policy formulation and implementation.

 

 

 

Famous Political Parties in India

Bharatiya Janata Party

 

Communist Party of India Marxist (CPIM)

 

Indian National Congress

 

Janata Dal (United)

 

Samajwadi Party

 

All India Trinamool Congress

 

Criterion for RecognitionNational Parties in IndiaState Parties in IndiaRegional Parties in IndiaList of Upcoming Political Parties

 

Criterion for Recognition

The Election Commission has laid down certain criteria for a party to be recognised as national or state level parties.

National Party
A party has to live up to at least one of the following qualifications to be recognised as a national party:

• It has to win a minimum of two per cent of the seats in the Lok Sabha from at least three different states.
• In General Elections, the party must manage to win six per cent of the votes and win at least four Lok Sabha seats as well.
• The party is recognised as a 'state level party' in four or more states.

State Party
A party has to live up to at least one of the following qualifications to be acknowledged as a state party.

• The party has to win at least three seats or three per cent of the seats in the state legislative Assembly.
• It has to win minimum one seat in the Lok Sabha for every 25 seats or any fraction allotted to that concerned state.
• In a particular election, the party has to bag at least six per cent of the total votes, and also win one Lok Sabha and two Assembly seats.
• The status of a state party can still be bestowed upon an entity even if it fails to win any seats in the Lok Sabha or the Assembly, if it manages to win at least eight per cent of the total votes cast in the entire state.

 

National Parties in India

Despite the large number of political parties operating in India, very few are able to make their presence felt at the national level except when it comes to alliances. The natural reason for this is that it takes a long time for any party to evolve from its regional moorings and have its ideology accepted by a large enough segment of the population. The table below lists political parties that boast of a pan-India presence. These have been listed in alphabetical order, and not necessarily in the order of their influence.

 

Bahujan Samaj Party (BSP)

 

Bharatiya Janata Party (BJP)

 

Communist Party of India (CPI)

 

Communist Party of India (Marxist) (CPI(M))

 Indian National Congress (INC)

 

Nationalist Congress Party (NCP)

 

State Parties in India

Owing to rich cultural diversity, India’s political fabric has seen the emergence of many strong state parties. These cater to the interests of their particular states, and are often critical to make or break alliances in the Lok Sabha elections. The table below provides a list of the various state political parties in India, in alphabetical order.

S. No.	State	State Political Parties	Symbol	Abbreviation
1	Delhi	Aam Aadmi Party		AAP
2	Arunachal Pradesh	Arunachal Congress		AC
3	Tamil Nadu	All India Anna Dravida Munnetra Kazhagam		AIADMK
4	Assam	Asom Gana Parishad		AGP
5	West Bengal	All India Forward Bloc		AIFB
6	West Bengal	All India Trinamool Congress		AITC
7	Assam	Assam United Democratic Front		AUDF
8	Odisha	Biju Janata Dal		BJD
9	Tamil Nadu and Puducherry	Dravida Munnetra Kazhagam		DMK
10	Haryana	Indian National Lok Dal		INLD
11	Karnataka and Kerala	Janata Dal (Secular)		JD(S)
12	Bihar and Jharkhand	Janata Dal (United)		JD(U)
13	Jammu and Kashmir	Jammu & Kashmir National Conference		JKN
14	Jammu and Kashmir	Jammu & Kashmir National Panthers Party		JKNPP
15	Jammu and Kashmir	Jammu & Kashmir Peoples Democratic Party		JKPDP
16	Jharkhand	Jharkhand Mukti Morcha		JMM
17	Kerala	Kerala Congress		KEC
18	Kerala	Kerala Congress (M)		KEC(M)
19	Bihar	Lok Jan Shakti Party		LJP
20	Goa	Maharashtrawadi Gomantak		MAG
21	Tamil Nadu and Puducherry	Marumalarchi Dravida Munnetra Kazhagam		MDMK
22	Manipur	Manipur Peoples Party		MPP
23	Kerala	Muslim League Kerala State Committee		MUL
24	Nagaland and Manipur	Nagaland Peoples Front		NPF
25	Tamil Nadu	Pattali Makkal Katchi		PMK
26	Bihar	Rashtriya Janata Dal		RJD
27	West Bengal	Revolutionary Socialist Party		RSP
28	Punjab	Shiromani Akali Dal		SAD
29	Sikkim	Sikkim Democratic Front		SDF
30	Goa	United Goans Democratic Party		UGDP
31	Maharashtra	Shivsena		SHS
32	Uttar Pradesh	Samajwadi Party		SP
33	Andhra Pradesh	Telugu Desam		TDP
34	Andhra Pradesh	Telangana Rashtra Samithi		TRS
35	Meghalaya	United Democratic Party		UDP
36	Uttarakhand Himalayas	Uttarakhand Kranti Dal		UKKD

 

Regional Parties in India

It wouldn’t be an overstatement to say that politics in India is dictated by regional parties. These smaller parties hold considerable clout in individual states, leading to a highly fragmented vote distribution. As a result, political alliances and surprise moves are a common spectacle, as governments are formed and dissolved unanticipated. The sentiment was echoed by West Bengal Chief Minister Mamata Banerjee before the 2014 elections, who said that the mainstream parties were “zero”, and that the future of India would be decided by regional political parties. Looking at the political history of India, there can be no doubt that regional parties are indeed the trump card. Below you will find the list of all regional political parties of India.

Pressure Groups?

Introduction

§  A pressure group is a group of people who are organised actively for promoting and defending their common interest. It is called so, as it attempts to bring a change in public policy by exerting pressure on the government. It acts as a liaison between the government and its members.

§  The pressure groups are also called interest groups or vested groups. They are different from the political parties, as they neither contest elections nor try to capture political power. They are concerned with specific programmes and issues and their activities are confined to the protection and promotion of the interests of their members by influencing the government.

§  The pressure groups influence the policy-making and policy implementation in the government through legal and legitimate methods like lobbying, correspondence, publicity, propagandising, petitioning, public debating, maintaining contacts with their legislators and so forth.

Techniques Used By Pressure Groups

Pressure groups resort to three different techniques in securing their purposes.

§  Electioneering: Placing in public office persons who are favourably disposed towards the interests the concerned pressure group seeks to promote.

§  Lobbying: Persuading public officers, whether they are initially favourably disposed toward them or not, to adopt and enforce the policies that they think will prove most beneficial to their interests.

§  Propagandizing: Influencing public opinion and thereby gaining an indirect influence over government, since the government in a democracy is substantially affected by public opinion.

Characteristics of Pressure Groups

§  Based on Certain Interests: Each pressure group organises itself keeping in view certain interests and thus tries to adopt the structure of power in the political systems.

§  Use of Modern as well as Traditional Means: They adopt techniques like financing of political parties, sponsoring their close candidates at the time of elections and keeping the bureaucracy also satisfied. Their traditional means include exploitation of caste, creed and religious feelings to promote their interests.

§  Resulting Out of Increasing Pressure and Demands on Resources: Scarcity of resources, claims and counterclaims on the resources from different and competing sections of the society leads to the rise of pressure groups.

§  Inadequacies of Political Parties: Pressure groups are primarily a consequence of inadequacies of the political parties.

§  Represent Changing Consciousness: For instance the increase in the food production or industrial goods does bring a change in the way individuals and groups look at the world. The stagnation in production leads to fatalism but increase in production leads to demands, protests and formation of new pressure groups.

Types of Pressure Groups

§  Institutional Interest Groups: These groups are formally organised which consist of professionally employed persons. They are a part of government machinery and try to exert their influence.These groups include political parties, legislatures, armies, bureaucracies, etc. Whenever such an association raises protest it does so by constitutional means and in accordance with the rules and regulations.

o   Example: IAS Association, IPS Association, State civil services association, etc.

§  Associational Interest Groups : These are organised specialised groups formed for interest articulation, but to pursue limited goals. These include trade unions, organisations of businessmen and industrialists and civic groups.

o   Some examples of Associational Interest Groups in India are Bengal Chamber of Commerce and Industry, Indian Chamber of Commerce, Trade Unions such as AITUC (All India Trade Union Congress), Teachers Associations, Students Associations such as National Students Union of India (NSUI) etc.

§  Anomic Interest Groups: By anomic pressure groups we mean more or less a spontaneous breakthrough into the political system from the society such as riots, demonstrations, assassinations and the like.

§  Non-Associational Interest Groups: These are the kinship and lineage groups and ethnic, regional, status and class groups that articulate interests on the basis of individuals, family and religious heads. These groups have informal structure. These include caste groups, language groups, etc.

Pressure Groups in India

§  Business Groups – Federation of Indian Chamber of Commerce and Industry (FICCI), Associated Chamber of Commerce and Industry of India (ASSOCHAM), Federation of All India Foodgrain Dealers Association (FAIFDA), etc

§  Trade Unions – All-India Trade Union Congress (AITUC), Indian National Trade Union Congress (INTUC), Hind Mazdoor Sabha (HMS), Bharatiya Mazdoor Sangh (BMS)

§  Professional Groups – Indian Medical Association (IMA), Bar Council of India (BCI), All India Federation of University and College Teachers (AIFUCT)

§  Agrarian Groups- All India Kisan Sabha, Bharatiya Kisan Union, etc

§  Student’s Organisations- Akhila Bhartiya Vidyarthi Parishad (ABVP), All India Students Federation (AISF), National Students Union of India (NSUI)

§  Religious Groups – Rashtriya Swayam Sevak Sangh (RSS), Vishwa Hindu Parishad (VHP), Jamaat-e-Islami, etc.

§  Caste Groups – Harijan Sevak Sangh, Nadar Caste Association, etc

§  Linguistic Groups – Tamil Sangh, Andhra Maha Sabha, etc

§  Tribal Groups – National Socialist Council of Nagaland (NSCN), Tribal National Volunteers (TNU) in Tripura, United Mizo federal org, Tribal League of Assam, etc.

§  Ideology based Groups – Narmada Bachao Andolan, Chipko Movement, Women's Rights Organisation, India Against Corruption etc.

§  Anomic Groups - Naxalite Groups, Jammu and Kashmir Liberation Front (JKLF), United Liberation Front of Assam (ULFA), Dal Khalsa, etc.

Functions, Role & Importance of Pressure Groups

§  Interest Articulation: Pressure Groups bring the demands and needs of the people to the notice of the decision-makers. The process by which the claims of the people get crystallized and articulated is called interest articulation.

§  Agents of Political Socialisation: Pressure groups are agents of political socialisation in so far as they influence the orientations of the people towards the political process. These groups play a vital role as two-way communication links between the people and the government.

§  Pressure groups play a vital role in the legislative process, not only as important structures of interest articulation, but also as active agencies engaged in lobbying with the legislators for securing desired laws or amendments in laws and policies of the government.

o   Right from the time of preparation of election manifestos of various political parties to the passing of laws by the legislators, the pressure groups remain associated with the process of rule-making.

§  Pressure Groups and Administration: Pressure Groups are actively involved with the process of administration. Through lobbying with the bureaucracy, the pressure groups are usually in a position to influence the process of policy implementation.

§  Role in Judicial Administration: Pressure Groups try to use the judicial system for securing and safeguarding their interests. Interest groups often seek access to the court for redressal of their grievances against the government as well as for getting declared a particular decision or policy as unconstitutional.

§  Pressure groups play a leading role in the formulation of public opinion. Each pressure group is continuously engaged in evaluating all such laws, rules, decisions and policies which have a direct or indirect bearing on the interests it represents. It always places the pros and cons not only before its members but also before the general public for eliciting popular support as well as for catching the attention of the government.

o   They try to gain public support and sympathy for their goals and their activity by carrying out information campaigns, organising meetings, file petitions, etc. Most of these groups try to influence the media into giving attention to these issues.

§  Pressure groups help in improving the quality of government. Consultation with affected groups is the rational way to make decisions in a free society. It makes government more efficient by enhancing the quality of the decision making process – the information and advice provided by these groups helps to improve the quality of government policy and legislation.

§  Freely operating pressure groups are essential to the effective functioning of liberal democracy.

o   They serve as a vital intermediary institutions between government and society;

o   They assist in the dispersal of political power;

o   They provide important counterweights to balance the concentration of power.

§  Pressure groups enable new concerns and issues to reach the political agenda, thereby facilitating social progress and preventing social stagnation. For example, the women’s and environmentalist movements.

§  Pressure groups increase social cohesion and political stability by providing a ‘safety-valve’ outlet for individual and collective grievances and demands.

§  Pressure groups complement the work of opposition political parties by exposing the bad policies and wrongdoings of the government. Pressure groups thereby improve the accountability of decision makers to electorates.

§  Pressure groups help to educate people, compile data and provide specific information to policy makers, thus they work as an informal source of information. Active constructive participation of numerous groups in polity helps to reconcile general interest with individual group interests.

Shortcomings of Pressure Groups

§  Narrow selfish interests: Unlike the pressure groups in the developed countries of the West, where these are invariably organised to safeguard economic, social, cultural interests, etc. in India these groups are organised around religious, regional and ethnic issues. Many a time factors of caste and religion eclipse the socioeconomic interests. The result is that instead of serving a useful purpose in the political administrative process, they are reduced to work for narrow selfish interests.

§  Misuse of power: Instead of the pressure groups exerting influence on political process, they become tools and implements to subserve political interests.

§  Instability: Most pressure groups do not have autonomous existence; they are unstable and lack commitment, their loyalties shift with political situations which threatens general welfare. They many a times resort to unconstitutional means like violence. Naxalite movement started in 1967 in West Bengal is one such example.

§  Propagating extremism: Pressure groups can allow too much influence over the government from unelected extremist minority groups, which in turn could lead to unpopular consequences.

Conclusion

§  Pressure groups are now considered as an indispensable and helpful element of the democratic process. The society has become highly complex and individuals cannot pursue their interests on their own. They need the support of other fellow beings in order to gain greater bargaining power; this gives rise to pressure groups based on common interests.

§  Democratic politics has to be politics through consultation, through negotiation and some amount of bargaining is also involved. Thus, it is very essential for the government to consult these organised groups at the time of policy formulation and implementation.