Basic Concepts Of Political Science – Part I Notes 11th Political Science for Tnpsc Exam

Basic Concepts Of Political Science – Part I Notes 11th Political Science for Tnpsc Exam

11th Political Science Lesson 3 Notes in English

3. Basic Concepts Of Political Science – Part I

Sovereignty

• Do you think you are powerful? How do you know you are powerful? But, you can say your country is powerful.
• Do you know how? It is because we are a sovereign nation. Sovereignty, the term has been derived from the Latin word ‘superanus’ which means supreme or paramount.
• Roman jurist and the civilians during the middle ages employed the term ‘summa’ potestas and ‘Plenitude potestas’ to designate the supreme power of the state.
• In political science the use of the term ‘sovereignty’ dates back to the publication of Bodin’s ‘The Republic’ in 1576.
• The stability of a nation depends on the supremacy of the sovereignty the nation enjoys.
• Sovereignty as a concept represents the legal supremacy of the state.
• Constitution lays down rules and laws of the state and the constitution of the state is just the representation of the sovereignty.
• The word sovereign in the preamble of the constitution of India means that the state has the power to legislate on any subjects in conformity with constitutional limitations.

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We shall now study the characteristics of Sovereignty. What are they?

1. Permanence

• The chief characteristic of sovereignty is permanence. Sovereignty lasts as long as the state lasts.
• The death of the king or the overthrow of the government does not affect sovereignty.
• Hence, the people of England say ‘King is dead, Long live the king’.

2. Exclusiveness

• Exclusiveness here implies that there cannot be two sovereign in one independent state and if it exists the unity of the state will be destroyed.

3. All comprehensiveness

• Every individual and every association of the individual is subject to the sovereignty of the state.
• However rich or powerful association or group may be, it cannot resist or disobey the sovereign authority.

4. Inalienability

• Sovereignty is the life and soul of the state and it cannot be alienated without destroying the state itself.

5. Unity and Everlasting

• The spirit of sovereignty lies in its unity.
• Sovereignty is not bound by time and lasts until the state lasts.

6. Indivisibility

• Indivisibility is the life line of sovereignty.

7. Absoluteness

• Sovereignty is unconditional and unlimited.
• Sovereignty is beyond obedience and it is entitled to do whatever it likes.

8. Originality

• Sovereignty wields power by virtue of its own right and not by anybody’s mercy.

What are the two aspects of Sovereignty?

Internal sovereignty:

• An assembly of people in every independent state has the final legal authority to command and enforce obedience.
• This sovereignty exercises its absolute authority over all individuals or associations of the individuals in the state.

External sovereignty:

• In simple terms external sovereignty means National Freedom.
• Every state enjoys absolute liberty to determine its foreign policy and join any power block it likes.
• External sovereignty implies that every state is independent of other states.
• Sovereignty of the people therefore can mean nothing more the power of the majority of the electorate, in a system of approximate universal suffrage prevails, acting through legally established channels to express their will and make it prevail.-Dr. Garner

Types of Sovereignty

• Have you read about the different types of Sovereignty? Let us together learn about them.

Nominal and Real Sovereignty

• Ancient times many states had monarchs. Kings exercised real sovereignty and were considered Real Sovereigns
• The French revolution transformed the situation.
• The Council of Ministers were considered the Real Sovereign while the King enjoyed only nominal power.

Legal Sovereignty

• The authority of the state has the legal power to issue final commands
• The power which has the legal authority to issue and enforce these law is legal sovereignty
• The legal sovereign is always definite and determinate and the authority of sovereign is absolute and supreme.

Political Sovereignty

• Political Sovereign in the representative democracy is understood as the whole mass of the people, i.e. electorate or the public opinion.
• Political sovereignty rests in that class of people under whose influence the mass of the people are with.

Popular Sovereignty

• Popular sovereignty designates public as supreme
• During ancient period popular sovereignty was used as a weapon to challenge the absolutism of the monarchs.

“De-facto and De-jure sovereignty”

De-facto sovereignty

• De-facto sovereign is one who has no legal claim to sovereignty but possesses it in fact and exercises necessary force to make and enfore its laws.

De-jure sovereignty

• De-jure sovereign is one who has a legal claim to sovereignty but does not possess it in fact.

Here is an interesting piece of information!

• Napoleon became the de facto sovereign after he had over thrown the directory.
• Franco became the de facto sovereign after he had dislodged the legal sovereign in Spain after Mussolini’s black shirt march on October 28, 1922.
• Mussolini became the prime minister in the legal manner. He ruled the parliament and ruled the country through parliament.
• Parliament remained the legal sovereign but he was the actual or de facto sovereign. Hitler also did the same in Germany.
• He controlled the legal sovereign and became the de facto sovereign.
• For three decades, Stalin remained the actual sovereign in USSR.
• Military coup in Pakistan by Ayub reflects de facto sovereign.
• In 1977 when Zia-Ul-Haq over threw Bhutto, first he became de facto and later de jure sovereign.
• At times it happens that the de facto and de jure sovereignty ultimately coincide.
• Communist Government in Soviet Union became the de facto Government of the successful Bolshevik Revolution in 1917.
• But in course of time, it became the de jure government also.

What is Pluralism?

• Pluralism is a powerful protest against the monistic theory of sovereignty, which endows the state with supreme and unlimited power.
• The pluralistic theory originated in the writings of Otto V. Gierke.
• The pluralist challenges the claims of the state to supremacy on the ground that the society consists of many associations and the state is one among them.
• Hence, the state cannot be endowed with sovereign power of the community.
• There exists many social, political, cultural and economic institutions in society and many of these institutions are prior to the state.
• For example, Family and church are prior to the state.

Exponents of pluralist theory

1. Harold J. Laski
2. J.N. Figgis
3. Ernest Barker
4. G.H Cole
5. Maciver

Pluralist Theory

• The nature of the state is such it attempts to resolve the disputes or conflicts that arise between these various groups in a way the is in everyone’s best interests.

The dawn of pluralist theory

• In democracy, the authority of the ruler is confined, the cabinet becomes more powerful but the state remains sovereign and supreme.
• With the advent of the welfare state there came a rapid increase in the functions of the state and there remained no sphere of life with which the state did not interfere, the sovereign and the supreme state also faced revolt and reaction.
• This reaction against the sovereign and supreme state resulted into the dawn of pluralism.

John Austin’s theory of sovereignty

Other names of the theory

1. Absolute theory of sovereignty
2. Monistic theory of sovereignty
3. Non-pluralistic theory
4. Single theory

Is Pluralism important?

• Pluralism upholds the importance of associations and claim more autonomy for it.
• For democracy to flourish the sovereign state must not be subject to any legal authority.
• Division of sovereignty leads to the destruction of sovereignty and in the absence of sovereignty, anarchy will prevail in society.

What are the criticisms for Pluralism?

• It is the Sovereign state that brings about unity and regulates all the associations existing in society.
• Laws are framed by the state unlike the belief of pluralist.
• State is needed for protecting people from the excess of associations.

Indian Constitution and Sovereignty

• The preamble to Indian constitution of India declares India to be a ‘sovereign Socialist Secular Democratic Republic’.
• However it had not elaborated or explained the meaning of sovereignty.
• The meaning of sovereignty can be understood by various pronouncement of Supreme Court for example in Gopalan Vs State of Madras(1950) and union of India Vs Madan Gopal(1954).
• The Court maintained that ‘ We, the people of India… adopt, enact and give to ourselves this constitution’ written as preamble , declares ultimate sovereignty of the people of India and the constitution rests on their authority.
• And in the synthetics Vs state of UP (1990) the Supreme Court declared that the word sovereign meant that the state had power to legislate on any subject in conformity with constitutional limitations.
• Similarly in Indira Gandhi Vs Raj Narain (1975) case Supreme Court added, ‘India as a Sovereign democratic republic’ as one of the fundamental elements of the basic structure of the constitution.
• It is understood that Indian constitution enshrines ‘sovereignty’ as an important aspect of constitution and the preamble makes the people sovereign .
• In simple term it is said that sovereignty lies in the constitution and people are the ultimate source of the constitution.
• The gem of pluralism is to be found in the works of the German Jurist, Von Gierke (1844 -1921) – R. N. Gilchrist ACTIVITY

Equality

Understanding equality

• The idea that human beings are equal is enigmatic. A nation that seeks equality creates laws to bring change in its society.
• A law for equality is inadequate and opposed where pluralistic pattern of society has become the order of the day whether it’s a developed or under developed nation.
• Liberty and rights lead to a third principle in political theory, which is of equality.
• Equality determines how rights are to be distributed amongst the individuals as citizens and groups, both whether equally or unequally.
• If unequally then what are the grounds for unequal treatment?
• On what ground the state or the public authority relate with citizens, individuals and groups unequally.
• When we talk of equality, we imply different meanings at different times.
• In liberal perspective, legal and political equality may be emphasized more than economic equality.
• On the other hand, in a socialist and Marxian framework emphasis is more on economic equality.
• A feminist would argue that gender equality is vital while in a caste divided society like India, it could be argued that social equality is more essential, if other dimensions are to be meaningful.

Meaning of Equality

• Equality, which means state of being equal, is derived from aequs/aequalis, meaning fair.
• It signifies ‘having the same rights, privileges, treatments, status, and opportunities’.
• Equality is treated as something that relates to distributive principle because of which rights, treatments, and opportunities are distributed amongst the beneficiaries in a fair manner.
• Fairness does not mean all to be treated equally in all circumstances.
• In fact it very well means unequal treatment for those who are unequal.
• Essentially it relates to the principle of justice because it requires fair distributive principle.
• However those who are equal should not be treated as unequal and the unequal as equal.

Importance of Equality

Why equality is important?

• The most powerful moral and political ideal that has inspired and guided human society for several centuries is equality.
• Every all faith and religion invariably proclaim that all human beings are creation of God.
• The concept of equality as a political ideal invokes the idea that all human beings have an equal worth regardless of their color, gender, race, or nationality.
• It urges among human beings equal consideration and respect because of the common humanity.
• The belief in this notion of humanity led us to the declaration of universal human rights.

What is distributive justice?

• Distributive justice requires a principle of equality in which unequal distribution is effected to ensure the principle of equality.
• The state for example should not tax a poor and a rich equally or it should not have the same policy of entry criteria for public employment for a normal and a physically challenged person.
• Equality became the slogan in the struggle against states and social institutions which uphold inequalities of rank, wealth, status or privilege, among people during the modern period.
• In the eighteenth century, the French revolutionaries used the slogan ‘Liberty, Equality and Fraternity’ to revolt against the landed feudal aristocracy and the monarchy.
• The demand for equality was also raised during anti-colonial struggle in Asia and Africa during the twentieth century.
• It continues to be raised by struggling group such as women or dalits who feel marginalized in our society.
• Equality now has become a widely accepted ideal which is embodied in the constitutions and laws in the world.
• However the most visible and disturbing factor around us in the world and as well in our society is inequality.
• We can see in country slums existing side by side with luxury housing, schools which may lack even drinking water facilities or toilets, waste of food as well as starvation.
• There are visible difference between what law promises and what we see around us.
• India through its constitution attempts to fill the gap between equal and unequal with the principle of equality as enshrined in the constitution.
• The earth is the mother of all people, and all people should have equal rights upon it.-Chief Joseph

Dimensions of Equality

What is Equality?

• We live amidst distinctions between human beings on the ground of race and color, knowing well it is unacceptable.
• In fact such distinctions violate our intuitive understanding of equality which tells us that all human beings are entitled to similar respect and consideration because of their common humanity.
• No society treats all its members in exactly the same way under all circumstances.
• There can be no identity of treatment so long as men are different in wants, capacities, and needs.
• Injustice arises much from treating unequal’s equally as from treating equals unequally.
• And most importantly apart from the natural inequalities, there are inequalities created by the society- inequality based upon birth, wealth, knowledge and religion.
• The movement of history is not towards greater equality because as fast as we eliminate one inequality, we create another one: the difference being that the one we discard is unjustifiable while the one we create seems reasonable.
• Hence the social political, educational equalities are always in need of reinforcement and reinterpretation by every new generation.
• Like liberty, equality can also be understood in its negative and positive aspects.
• Negative equality was associated with the end of such privileges and positively it meant the availability of opportunity.

According to Laski equality means:

• All Absence of privileges. It means that will of one is equal to the will of any other. It means equality of rights
• Adequate opportunities are laid open to all. Opportunities should be given to all to realize the implications of his personality.
• All must have access to social benefits and no one should be restricted on any ground.
• The inequalities by birth or because of parentage and hereditary causes are unreasonable.
• Absence of economic and social exploitation

According to Barker, the concept of equality means

• Fundamental equalities of all
• Equality of opportunity
• Equality of conditions where there is an attempt to make the conditions of life equal
• Equality of outcome of results

Equality of opportunities

• The concept of equality implies that all people as human being are entitled to the same rights and opportunities to develop the skills and talents, to pursue their goals and ambitions.
• However, it is not the lack of equality of status or wealth or privilege that is significant but the inequality in peoples access to such basic goods, as education, health care, safe housing that make for an unequal and unjust society.

Natural inequality and social inequality

• Natural inequalities are those that emerge between people as a result of their different capabilities and talents.
• These kinds of inequalities are different from socially produced inequalities which emerge as a consequence of inequalities of opportunity or the exploitation of some groups in a society by others.
• Natural inequalities are considered to be the result of the different characteristics and abilities with which people are born with.
• Social inequalities on the other hand are those created by society.
• Unequal treatment in society based on race, color, gender and caste are of social inequalities.
• Women were denied equal rights for centuries similarly, Blacks were treated as slaves until the institution of slavery was questioned .
• Even people born with disability with modern technological innovations are able to contribute like any other normal person.
• Stephen Hawkings, contribution despite his disability is remarkable.

Stephen Hawking

• Political philosophers have contributed various theories, philosophies and ideologies for further understanding and innovation to place society on equal platform.

Let us know the dimensions of equality

What are the different types of equality?

Civil Equality

• No discrimination (religion, belief, etc)

Political Equality

• Access to authority
• Voting

Social Equality

• Opportunity
• Privileges

Natural Equality

• Natural rights

Economic Equality

• Wealth

(i) Social Equality

• Social equality means no one should be discriminated in the distribution of rights, privileges and opportunities based on birth, caste, religion, race, colour, gender or social status.
• Each one should be given equal opportunity to develop his personality. Social equality implies few important aspects.
• They are: removal of discrimination based on social status, absence of special privileges to few and finally ensuring equal opportunity in terms of acquiring education.
• History reveals that certain forms of social inequality world over were rejected and the demand for social equality are being raised.
• Slavery in South Africa, west Asia and America, untouchability in India, Racial discrimination in USA against Blacks.
• Policy of Hitler against Jews and gender related inequalities and discrimination are few examples of social inequalities with countries world over are trying to redress with the policy of government.

A seed for the movement for Social Equality was planted

• Civil rights movement in United States of America for Blacks by Martin Luther king Jr and Dr.B.R.Ambedkar’s effort for the social equality for the lower caste in India are few examples that set movement for social equality in motion.
• Martin Luther king Jr. was an unquestioned leader of nonviolent civil Rights movement in USA.
• Civil right movement was a struggle for social justice happened during the 1950s and 1960s for blacks to gain equal rights under the law in the United states.
• Similarly Dr.B.R.Ambedkars liberation movement for millions of dalits was a historic movement in India. A seed for the movement for social equality
• The American declaration announced that ‘all men are created equal’
• French declaration of Rights of Man and citizens declared that ‘men are born and always continue free and equal in their rights.’
• The United Nations organization on 10th December, 1948, declared the charter of human rights which laid stress on social equality.
• However according to the report of Amnesty International, these rights have been violated frequently by a number of countries in the past and still efforts are being made to address the issues of social inequality world over.

(ii) Civil Equality

• The word ‘civil’ is derived from the Latin word civilis or civis, which means citizen.
• Civil equality means equality in which each citizen is provided with equal civil rights and liberties.
• Civil equality consists of similar civil liberties and civil rights by all the citizens. Civil laws should treat all the individuals equally.
• There should not be any discrimination of superior and inferior, the rich and the poor, caste and creed, colour and race, clans and tribes, groups and classes.
• In England, Rule of law is in force and in the eyes of the rule of law all are equal.
• Equal treatment is given to all by the rule of law. It is from the British constitution India had adopted the rule of law.

(iii) Political Equality

• Political Equality means equal right of all citizens, without any distinction, allowed to participate in the affairs of the state.
• Political right of all citizen is ensured through universal adult franchise. The other factors that ensure the political rights of citizens are:
• Right to vote
• Right to contest in election
• Right to hold public office
• Right to petition the government and criticize public policy
• Political equality guarantees the enjoyment of similar political rights to all citizens. Universal adult franchise is a means to this end.
• Political equality is actually the test on the experiments of democracy.
• It is also believed that political equality in itself is not adequate to disperse political power, it also needs socio-economic equality to achieve political equality.

(iv) Economic Equality

• Economic equality is justifiable only when all people have reasonable opportunities to develop themselves fully.
• Economic equality is meaningful only when there is an adequate scope for employment, reasonable wages, adequate leisure and equal share in the management of economic concern.
• Professor Laski explains economic equality, “Political equality is, therefore, never real unless it is accompanied with virtual economic liberty; political power otherwise is bound to be the hand-maid of economic power”.
• Economic equality here means the provision of equal opportunities to all so that they may be able to make their economy progress. Ideologically this is possible in Socialism and not in Capitalism.

(v) Equality of opportunity and education

• Equality of opportunity and education means, all the citizens should be given equal and similar opportunities by the state.
• All the citizens should have similar chances to receive education and equal opportunities be given to develop their personality.
• Social inequalities such as race, caste, religion, language, rich, poor and gender based discrimination should be eradicated.
• In India, constitution provides provisions for equal opportunities and equal education.
• “What good is freedom to a starving man? He cannot eat freedom or drink it”. – Thomas Hobbes
• “Economic Equality is the attempt to expunge all differences in wealth, allotting to every man and woman an equal share in worldly goods”. –Lord Bryce

Relation between Liberty and Equality

• There is no value of liberty in the absence of equality.
• They are understood from different perspectives by political thinkers such as Lord Acton, De Tocqueville and Harold. J.Laski.
• Lord Acton and Alexis De Tocqueville were the ardent advocates of liberty.
• They were of the opinion that where there is liberty, there is no equality and vice versa.
• “The passion for equality made vain the hope for liberty.”- Lord Acton Professor H.J.
• Laski believed that liberty and equality should go together.
• If an individual is given unrestrained liberty to do whatever he likes, he may cause harm to others.
• Unrestrained liberty will bring only chaos in the society.
• In the nineteenth century, the Individualists wrongly interpreted the term Liberty.
• They did not attach any importance to economic equality and laid stresses on Laissez Faire to be adopted by the government said Laski.
• Professor H.J. Laski in his remark said that ‘Where there are rich and poor, educated and uneducated, we always find a relation of master and servant’.
• Laissez faire is an economic system in which transaction between private parties are free from government intervention such as regulation, privileges, tariffs and subsidies.
• Adam Smith was the ardent supporter of the view that the Individualists maintained that there should be a free competition between the capitalists and labor leaders.
• They did not want the government to involve in the economic matters.
• Formula of Demand and Supply was adopted. It was expected that the economic difficulties will be removed by this formula, but resulted in dangerous consequences in Europe.
• The capitalists exploited the opportunity to the core and as a result of it, the gap between rich poor got wider.

The dawn of Socialism

• The labor class was worst affected and the reaction against individualism resulted in the dawn of Socialism.
• Socialism rose to condemn and refute the principles of Individualism.
• The transition made clear that Liberty is meaningless in the absence of economic equality.
• Individualism is a political and social philosophy that emphasizes the moral worth of the individual.
• Socialism is a political and economic theory the advocates the means of production, distribution and exchange should be owned or regulated by the community as a whole.
• Economic equality is essential for the existence of political freedom.
• Otherwise it will be a capitalist democracy in which the laborers will have right to vote but they will not get their purpose served.
• Hence liberty is possible only in socialistic democracy where liberty and equality go together. There is only one solution to liberty.
• It lies in equality. Thus liberty and equality are complimentary to each other said Pollard.

Problems with Equality

• Variety of meanings: equal treatment, equal outcomes, equal opportunities (and lots of shades of meaning within these broad categories)
• Conflicts between each type: equal treatment prevents equal outcomes; equal outcomes violates equal treatment.
• Equal opportunities conceptually flawed by problem of regression: is education and training an outcomes or an opportunity?
• Is an entry level job an outcome or an opportunity?
• Equal treatment reinforces difference in opportunities and lacks a theory of what should count as a relevant difference and irrelevant differences eg: obesity.
• Equal outcomes are not in fact generally desired as a goal: fairness rather than egalitarianism is the model of social justice being sought.
• Equality is an aspect of fairness, but also inequality is desired on the ground of fairness to reward ‘merit’ and to accommodate to choose a way of life.

How Equality can be promoted

• The difference as we understood between liberals and socialist lead us to the desirable way of achieving the goal of equality.
• The wide debate on the means of promoting equality may lead us to few methods. They are,
• Establishing formal equality
• Equality through Differential Treatment
• Affirmative action
• Perspectives of various Ideologies on Equality by Andrew Heywood
• Liberals believe that people are ‘born’ equal in the sense that they are of equal moral worth.
• This implies formal equality, notably Legal and political equality of opportunity, but social equality is likely to be purchased at the expense of freedom and through the penalizing of tablet.
• Nevertheless, whereas classical liberals emphasize the need for strict meritocracy and economic incentives, modern liberals have argued that genuine equal opportunities require relative social equality.
• Conservatives have traditionally viewed society as natural hierarchical and have thus dismissed equality as an abstract and unachievable goal.
• Nevertheless, the new right evinces a strong industrialist belief in equality of opportunity while emphasizing the economic benefits of material inequality.

Equality is considered as a Fundamental Value

• Socialist regards equality as a fundamental value and in particular, endorse social equality.
• Despite shifts within social democracy towards a liberal belief of opportunity, social equality, whether in its relative (social democratic) or absolute (communist) sense, has been seen as essential to ensuring social cohesion and fraternity, establishing justice or equity and enlarging freedom in a positive sense.
• Anarchists place a particular stress upon political equality, understood as an equality and absolute right to personal autonomy, implying that all forms of political inequality amount to oppression.
• Anarcho-communists believe in absolute social equality achieved through the collective ownership of productive wealth.
• Fascists believe that humankind is marked by racial inequality, both between leaders and followers and between the various nations or race of the world.
• Nevertheless, the emphasis on the nation or race implies that all members are equal, at least in terms of their core identity.
• Feminists take equality to mean sexual equality, in the sense of equal rights and equal opportunities (liberal feminism) or equal social, economic power (social feminism?) irrespective of gender.
• However, some radical feminists argued that the demand for equality may simply lead to women being ‘male-identified’.
• Ecologist advance the notion of bio centric equality, which emphasizes that all life forms have an equal right to ‘live and blossom’.
• Conventional notions of equality are therefore seen as anthropocentric, in that they exclude the interest of all organisms and entities other than humankind.
• Heywood, Andrew. (2004) Political Ideologies: An Introduction, 4th ed. New York: Macmillan.

Ways of establishing formal Equality

• Social, economic and political inequalities all over the world have been protected by customs and legal systems that prohibited some sections of society from enjoying certain kinds of opportunities and rewards.
• Poor were denied of right to vote.
• Women were not allowed to be a carrier oriented women in some part of the world.
• The caste system in india prevented people from the lower castes from doing anything except manual labour.
• In some countries only some families can occupy important positions.
• Equality cannot be achieved unless these privileges are stalled.
• For ages these systems have the sanction of law, hence for achieving equality government intervention is needed by means of law.
• Our constitution as a fundamental or supreme law of the land does it.
• The constitution of India prohibits discrimination on the grounds of religion, race, caste, sex or place of birth.
• Our constitution also abolishes untouchability.
• Most of the modern states and democratic governments have incorporated in their constitution the principle of equality.

Equality in Indian Constitution

The concept of Equality in Indian constitution

• The Indian constitution under article 14 provides for equality before law or the equal protection of laws to all persons.
• This is a statement of formal equality and gives meaning to what preamble seeks to ensure in terms of ‘equality of status and of opportunity’.
• This also means that laws of the land will apply to all equally and there should not be discrimination on grounds of birth, caste, color, gender, language, race, religion, etc.
• In fact article 15 of the constitution substantiates article 14 further by prohibiting any such discrimination.
• Equality before law and equal protection of law have been further strengthened in the Indian constitution under article 21.
• It ensures that ‘No Person shall be deprived of his life or personal liberty except according to procedure established by law.
• This means that a reasonable fair and just procedure should be followed for depriving a person of his personal liberty and life.
• It admits no arbitrariness, discriminatory procedure or unequal treatment for different individuals’.
• Right to Equality (Article 14-18)
• Equality before law (Article 14)
• Prohibition of discrimination on grounds of religion (Article 15)
• Equality of opportunity in matters of public employments(Article 16)
• Abolition of Untouchability (Article 17)
• Abolition of titles (Article 18)

How Equality can be achieved through differential treatment?

• It is necessary sometime to treat people differently in order to ensure that they can enjoy equal rights.
• Certain differences may have to be taken into account for this need.
• Some special consideration for the disabled and protection for women employees especially in the corporate and IT industries when they travel amidst work in the night are provided.
• These acts should not be treated as an infringement of equality but an enhancement of equality.
• Similarly some of the policies are needed to overcome the hindrances of equality by the government.
• For example, India follows the principle of reservation and other countries follow affirmative action.

Affirmative action

Perception of Affirmative action

• Affirmative action implies that it is not sufficient to establish formal equality by law.
• In order to eliminate deep rooted inequalities, some positive measures are necessary and such positive measures could minimize and eliminate slowly the entrenched forms of social inequalities.
• Most of the policies of affirmative action are thus designed to correct the cumulative effect of past inequalities.
• In our country we have adopted a policy of quotas or reserved seats in education and jobs to provide equality of opportunity to deprived groups, and this has been the subject of considerable debate and disagreement.
• The policy has been defended on the grounds that certain groups have been victims of social prejudice and discrimination in the form of exclusion and segregation.
• Therefore in the interest of creating an egalitarian and just society they need to be given special protection and help.
• However these measures of affirmative actions are time bound and temporary.
• It is expected that these special consideration will enable these communities to overcome existing disadvantages with others on equal terms.
• The critics of positive discrimination contend that the provision of reservation and quota arbitrarily denies the rights of other sections right to equal treatment.
• They think that reservations are of reverse discrimination where the principle of equality remained questioned.
• Equality is meant for treating all equals instead it creates a distinction among individuals on the basis of caste and racial prejudices.
• Hence this theorist wants to do away with social distinctions that divide society.
• Whatever the debate may be the fact is health and education for rural and slum children are glaringly deprived while comparing with the children in elite schools.
• These students face hurdles in gaining access to special coaching and fees for professional courses may also be high.
• Hence they cannot compete on equal terms with the more privileged sections.
• We all know that such social and economic inequalities of this kind remain as hinder to equal opportunities.
• Theorists of today acknowledge this but what they contest is not the goal of equal opportunity but the policies that the state should pursue to achieve the goal of equality.

Affirmative Action Definition

• A policy or program providing advantage for people of a minority group who are seen to have traditionally been discriminated against, with the aim of creating a more egalitarian society through preferential access to education, employment, health care, social welfare, etc
• Of Equality – As if it harm’d me, giving others the same chances and rights as myself – As if it were not indispensable to my own rights that others possess the same- Walt Whitman

AFFIRMATIVE ACTION VS. REVERSE DISCRIMINATION

Affirmative Action

• Rationale is to enable qualified targeted groups to catch up the effects of past discrimination in the workplace.

Reverse Discrimination

• Giving preferential treatment to targeted groups, usually by excluding better-qualified candidates who are not part of the preferred group
• Except under unusual circumstances, reverse discrimination is not legal under EEO law.

LIBERTY

Introduction to Liberty

• You have liberty to enjoy the freedom sanctioned as per law.
• The business of law is to safeguard the liberty of an individual.
• In the safety of an individual lies the status of one’s freedom.
• The law and liberty are twins and are connected to each other to sanction equal treatment equally for all.
• Here we all know that, it is the objective of the state to safeguard the liberty of its citizens.
• Do you know something that the law of the state propels a reasonable restriction on every individual?
• That doesn’t mean the privileges of citizens are compromised.
• The main objective of the state is to protect, What is due for him as his right.
• And in the process care for the equality of an individual becomes an agenda of state.
• Shall we take a journey into the world of liberty, we intend to enjoy
• In a classroom setting, the liberty of a student varies.
• In the view of some student, some teachers are strict and some are liberal, in terms of liberty and freedom he/she enjoys in the classroom.
• Teachers have a privilege to sanction reasonable restriction against student’s undue advantage in a classroom.
• The sanction of reasonable restriction by teacher is actually for the smooth conduct of a student and as well for the effective learning in the classes.
• Understanding the concept of liberty begins in the classroom by the conduct and attitude of student towards his teacher and his classmates.
• Raising questions to clarify doubts to his class teacher is his/her right, but the sanction of it becomes liberty.
• Liberty is just the sanction of law and the restrictions imposed are also a kind of liberty.
• Conducive learning environment of classroom, conditions the student to understand the meaning and the purpose of liberty.

Shall we trace the origin of Liberty?

• Liberty remained an essential element for both man and state for progress.
• History records very well the cruelty of absolute monarchy that ignored the claims of liberty in ancient and medieval ages of England.
• People could no longer tolerate and rose in revolt against the absolute monarchy.
• The struggle continued until Emperor John had to bow down and ensure freedom for his subjects.
• Attempt of emperors after Tudor and Stuart, and the continued absolute monarchy resulted in civil war.
• King Charles was beheaded and even during the period of Cromwell people could not attain freedom.
• French Republics refer to a succession of republics after the proclamation of the French revolution in 1792.
• There have been Five republics in the history of France: French first Republic (1792-1804), French Second( 1848-1852), Third Republic (1870-1940), Fourth Republic(1946-1958), Fifth Republic was formed on October 5, 1958.
• The Fifth Republic emerged replacing a weak and factional parliamentary government with a stronger centralized democracy.
• This resulted in the famous “Glorious revolution” in England in the year 1688, containing the absolute monarchy for some period and later led to the outbreak of French revolution in 1789.
• However it had not given a desired liberty. The successors of Napoleon behaved like monarchs.
• The fall of Napoleon III, resulted in establishing the Third Republic.
• After the fall of Third Republic in 1940 and Fourth Republic in 1958, Fifth republic was established.
• Struggle against countries that colonized got liberated after a long struggle for independence.
• Italy in nineteenth century and India in twentieth century made untold sacrifices for attaining national liberty.

Historical Context

• Response to the rationalism of the Enlightenment
• Response to the French Revolution (1789)
• The revolutionaries in France fought for “liberty, equality, and fraternity”
• Ideas of the French Revolution influenced writers in England — they were inspired by the fight for democracy and the common man
• Response to industrialism
• Longing for nature and simplicity

Meaning Of Liberty

• The term ‘liberty’ has been derived from the Latin word ‘Liber’ which means free from all shackles.
• The Latin word ‘Liber’ denotes the absence of all restraints.
• It means one can do whatever one likes, regardless of all conditions.
• Liberty does not permit a person to do whatever one likes.
• The basic fact of liberty is that law is the condition of liberty.
• According to Professor Barker “Liberty is possible only in an ordered state, a state where the legal and political aspects of sovereignty coincide or nearly coincide.
• Laski believes that ‘Historical experience has evolved for us rules of convenience which promote right living and to compel obedience to them is a justifiable limitation of freedom.”
• Liberty is the eager maintenance of that atmosphere in which men have the opportunity to be their best selves. -Harold.J.Laski

Exponents views on Liberty

• “Liberty is the positive power of doing and enjoying those things which are worthy of enjoyment and work”-Gettel
• “Liberty is the freedom of the individual to express without external hindrances to personality”-Professor G.D.H. Cole.
• “ Liberty does not means the absence of restraint but it lies in development of liberty”- Mahatma Gandhi
• “Without right then cannot be liberty, because without rights, men are the subjects of law unrelated to the needs of personality”.-Harold. J. Laski

LIBERTY VERSUS FREEDOM: A DIFFERENTIAL APPROACH

• Liberty is usually defined as the Freedom from arbitrary or undue external restraint.
• Negative liberty is the absence of obstacles, barriers or constraints whereas Positive liberty is the possibility of acting or the fact of acting.
• By applying the legal maxim, Ejusdem Generis, the general word ‘freedom’ under article 19 derives its color and texture from the paricular words used with it whereas under article 21, there are no such particular words used.
• The only particular word used is ‘personal’ before liberty.
• Thus, anything that could be covered under ‘personal liberty’ would form the subject-matter of Article 21.

Two Phases Of Liberty

• Positive liberty: Positive liberty mean freedom to do something that the individual should have rights and opportunities to develop his personality.
• Negative Liberty: For J.S. Mill liberty means Negative liberty He submitted that there should not be any restraint imposed upon man and his actions.
• He also asserted that there should not be any hindrance in the path of man.

Types of Liberty

i. Natural Liberty

• The concept of Natural liberty indicates unrestrained freedom to do what ever one likes.
• Natural liberty means absence of all restraint –an unrestrained freedom to do whatever one likes.
• “Everyone has a vague notion of liberty of some kind and a desire for it, but among ten people using the word, perhaps no two will be able to say exactly what they mean, or if they do so say it, win agree with each other in their definitions.
• This general unscientific use of the word we may call Natural Liberty.” – Professor R.N. Gilchist.

Arguments On Liberty

• JohnLocke: In the state of Nature people enjoyed the rights to life, liberty and property.
• Critic: It is absolutely incorrect because it is only the state that guarantee the enjoyment of these rights . In the state of nature people possessed not rights, but the power of animal.
• Rousseau: “Man was born free, but every where he is in chains”
• Critic: Rousseau does not appear sound because there is no scope for the growth of human personality. According to social contractualist, liberty looks like a license than a liberty.
• If he is allowed to do whatever he likes, there will be only chaos in the society.

ii. Civil Liberty

• The concept of civil liberty reflects “Rule of law” civil liberty indicates the liberty man enjoyed in the society it prevails in the state.
• It denotes the enjoyment of our rights within the limits of law.
• The protection of civil liberty is guaranteed by the laws of the state.
• “Definite laws, sure enforcement and equality before law marked the advance of civil liberty of man to man” – Gettel

iii. Political Liberty

• The concept of political liberty means liberty of citizen to participate in the political life and the affairs of the state.
• Leacock calls political liberty as constitutional liberty and Gilchist consider political liberty as a concept synonymous with democracy.
• Political liberty includes minimum rights.
• These rights are the right to vote, the right to contest elections, the right to hold public views and criticize the government and right to petitions.

iv. Personal Liberty

• The concept of personal liberty means the availability of those conditions in which the individual can act as he pleases without being under any type of arbitrary and illegitimate restraint.
• It also means that every individual has the right not to permit any other individual to interfere in the affairs of his personal life.
• Every individual should have the the liberty to dress, food, standard of living, marriage and education of children etc.
• The state should not interfere in the personal matters of the individual such liberty is essential for the free development of human society .
• Liberty may be endangered by the abuse of liberty, but also by the abuse of Power- James Madison

v. Economic Liberty

• The concept of economic liberty means the liberty to earn one’s daily bread.
• Beyond the distingtion of caste, colour, creed and gender every individual should have liberty to earn his daily bread by fair means.
• “By economic liberty I means security and the opportunity to find reasonable significance in the earning of one’s daily bread I must be free from the constant fear of unemployment and insufficiency which perhaps more than other inadequacies’, sap the whole strength of personality .
• I must be safeguards against the wants of tomorrow” – Harold.J. Laski
• The world has never had a good definition of the word liberty, and the American people, just now, are much in want of one.
• We all declare for liberty; but in using the same word we do not all mean the same thing….
• The shepherd drives the wolf from the sheep’s throat, for which the sheep thanks the shepherd as a liberator, while the wolf denounces him for the same act as the destroyer of liberty, especially as the sheep was a black one.
• Plainly the sheep and the wolf are not agreed upon a definition of the word liberty; and precisely the same difference prevails today among us human creatures.- Abraham Lincoln

Liberty unfurled

• Liberty is an important condition in a state that gives an opportunity for human beings to develop their personality.

vi. Fiscal Liberty

• According to this principle; there should be no taxation without representation.
• It was the slogan given by middle classes who claimed that they should be allowed to decide as to how and on whom their money was to be spent.
• Both civil and fiscal liberty were related to property and the rights of their owners.
• It was felt by the middle classes that without fiscal and civil liberty they would not be able to exist and be exploited by arbitrary rulers.

vii. Domestic Liberty

• It covers equal right for women and children.
• They need to be protected against maltreatment, cruelty and exploitation. They were also have the right to education.

viii. National Liberty:

• “Those who would give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety.”-Benjamin Franklin
• It means the liberty of the nation or the country. National liberties exist where the nation or the community is independence and sovereign.
• National liberty can otherwise also called as National sovereignty.
• Every nation wishes to stay independent and without this independence the progress of the nation or the state is not possible.
• Liberation remains an ultimate slogan for all those nations enslaved by imperialistic forces.
• Nations colonialized by imperialist force struggled against foreign empire until freedom is restored.
• The struggle of Italy against Austria, England against Hitler and Napoleon struggle of African counties against imperialist forces and Indians struggle against England are few example where struggle was made ultimately for restoring the liberty of the Nation.
• When India was attacked by China in 1962, and by Pakistan in 1965 and 1971 the Government of India made all efforts to safeguard the freedom of nation.
• ‘Liberty does not descend upon a person. People must raise themselves to liberty.
• Liberty is a blessing that must be earned in order to be enjoyed’ engraved on the building of central secretariat New Delhi .

ix. International Liberty

• This concept implies peace and international cooperation and the formation of world federation of states.
• Liberals were opposed to the use of force as an instrument of national policy.
• capitalism needed peace and international cooperation for the free flow of goods from one country to another and they needed all political and other barriers to be removed that stood in the way of the development of world resources.

Symbolic Meaning

• The statue of liberty has a universal reminder of freedom’, it embodies ‘hope’ for American citizens.

Perspective of various ideologies on Freedom by Andrew Heywood

• Liberals give priority to freedom as the supreme individualist values.
• While classical liberals support negative freedom, understood as the absence of constraints or freedom of choice, modern liberals advocate positive freedom in the sense of personal development and human flourishing.
• Conservatives have traditionally endorsed a weak view of freedom as the willing recognition duties and responsibilities, negative freedom posing a threat to the fabric of society.
• The new right however, endorses negative freedom in the economic sphere, freedom of choice in the market place.
• Socialists have generally understood freedom in positive terms to refer to self–fulfillment achieved through either free creative labour or cooperative social interaction.
• Social democrats have drawn close to modern liberalism in treating freedom as the realization of individual potential.
• Anarchists regard freedom as an absolute value believing it to be irreconcilable with any form of political authority.
• Freedom is understood to mean the achievement of personal autonomy, not merely being ‘left alone’ but being rationally self-willed and self-directed.
• Fascist rejected any form of liberty as nonsense.
• ‘True’ freedom, in contrast, means unquestioning submission to the will of the leader and absorption of the individual to the national community.
• Ecologists particularly deep ecologist, treat freedom as achievement of oneness, self-realization through the absorption of the personal ego into the ecosphere or universe.
• In contrast with the political freedom, this is sometimes seen as inner freedom, freedom as self-actualization.
• Religious fundamentalist see freedom as essentially an inner or spiritual quality.
• Freedom means conformity to reveal the will of god, spiritual fulfillment being associated with submission to religious authority.
• Heywood, Andrew. (2004) Political Ideologies: An Introduction , 4th ed. New York: Macmillan

How are liberty, sovereignty and law are related to each other?

• Anarchy doesn’t mean chaos or disorder, it means freedom from an oppressive centralised authority with a monopoly on force.
• Liberty does not mean the complete absence of laws.
• Liberty exist only in a state in order.
• The state makes law and the sovereign state operates through these laws. There exist a close relationship between liberty, sovereignty and law.
• The anarchist and syndicalists wanted to abolish the states.
• They are of the opinion that if state is more powerful then individual liberty will also be curtailed.

Individualist views

• They regarded the control of the state as harmful to the individual and therefore supported the confinement of the authority of the state.
• Though this doctrine resulted in dangerous consequences in England. It is now universally accepted that laws are the protectors of liberty.
• Liberty ceases to exist in the absence of law.

Idealist view

• Liberty ceases to exist in the absence of laws. Obedience to law is obedience to real will according to Idealist.
• “Where there is no law there is no freedom” – John Locke
• “State is a March of God upon earth and it is the highest expression and organ of social morality” – Hegel

How does law protect liberty?

1. Provides congenial atmosphere for the smooth running of civilized life in society. Law punish criminal and defends the rights of the individuals.
2. Law guarantee the enjoyment of individual rights and duties and protect them.
3. The state punishes the individual who causes harm to others and hinders path of others .
4. Constitution is custodian of liberty and it confines the authority of the state and protects the fundamental right of the people.

How liberty is safeguarded?

i. Democracy

• Liberty is safer in democracy than in any other form of government.
• Democratic government is the government of the people where as in other forms of government like monarchy and dictatorship all power are centralized in the hand of one person or a group of person.
• Opposite parties are given due respects in democracy and criticism of government is accepted and tolerated in democracy.

ii. Constitutions

• Authority of the state dwells in the constitution of the respective nation.
• Let us read the Preamble of our Constitution very carefully and understand the meaning of each of its key words.
• The Preamble of Constitution reads like a poem on democracy.
• It contains the philosophy on which the entire Constitution has been built.
• It provides a standard to examine and evaluate any law and action of government, to find out whether it is good or bad. It is the soul of the Indian Constitution.

SOVEREIGN

• People have supreme right to make decisions on internal as well as external matters.
• No external power can dictate the government of India.

SOCIALIST

• Wealth is generated socially and should be shared equally by society.
• Government should regulate the ownership of land and industry to reduce socio-economic inequalities.

SECULAR

• Citizens have complete freedom to follow any religion. But there is no official religion.
• Government treats all religious beliefs and practices with equal respect.

DEMOCRATIC

• A form of government where people enjoy equal political rights, elect their rulers and hold them accountable.
• The government is run according to some basic rules.

EQUALITY

• All are equal before the law. The traditional social inequalities have to be ended.
• The government should ensure equal opportunity for all.

REPUBLIC

• The head of the state is an elected person and not a hereditary position.

FRATERNITY

• All of us should behave as if we are members of the same family. No one should treat a fellow citizen as interior.

JUSTICE

• Citizens cannot be discriminated on the grounds of caste, religion and gender.
• Social inequalities have to be reduced. Government should work for the welfare of all, especially of the disadvantaged groups.

LIBERTY

• There are no unreasonable restrictions on the citizens in what they think, how they wish to express their thoughts and the way they wish to follow up their thoughts in action.

WE, THE PEOPLE OF INDIA

• The constitution has been drawn up and enacted by the people through their representatives, and not handed down to them by a king or any outside powers.

iii. Fundamental rights

• Fundamental rights confines the authority of the state. Fundamental rights assure us that the state cannot interfere in the matters of personal life.

The Fundamental Rights

• 1. Right to Equality (Article 14-18)
  2. Right to Freedom (Article 19-22)
  3. Right against exploitation (Article 23-24)
  4. Right to freedom of Religion (Article 25-28)
  5. Cultural and Educationl Rights (Article 29-30)
  6. Rights to Constitutional Remedies (Article 32-35)

iv. Decentralization of powers

• Decentralization of power is required for the safeguard of liberty.
• Power should be divided into central, provincial and local government and such decentralization leads to efficient administration.

v. Independent judiciary

• Safeguard of Liberty depends upon the independence of judiciary. It should be free from the control of the executive.
• In the communist countries or in the countries which have dictatorship, fundamental rights are given to the people but judiciary is not free from the influence of the executive.
• In such countries, the safeguard and security of fundamental rights, liberty and constitution is not possible.

INDEPENDENT JUDICIARY

• The constitution of India makes provisions for the independence of judiciary because only independent judiciary can safeguard the rights and liberties of the people, can protect the supremacy of the constitution

1. An impartial method has been adopted for the appointment of the judges
2. High qualifications have been fixed for the judges
3. The judges of the Supreme Court stay in office till 65 years of age and of High courts till 62 years of age

vi. Economic security

• Economic security is a condition to liberty.“Where there are rich and poor, educated and uneducated, we always find a relation of master and servant”. – Laski
• Poverty is not an accident. Like slavery and apartheid, it is man-made and can be removed by the actions of human beings.- Nelson Mandela

vii. Rule of law

• Rule of law is established in England, USA and India Rule of law mean that there should not be any distinction of caste and creed colour and race .
• In the eyes of law all are equal and all are liable to be punished if they commit crime.
• The rule of law was further popularised in the 19th century by British jurist A. V. Dicey.
• The concept, if not the phrase, was familiar to ancient philosophers such as Aristotle, who wrote “Law should govern”.

viii. Political education and eternal vigilance

• Permanent safeguard of liberty is possible. Educated are acutely aware of their rights and duties.
• Eternal vigilance is the prices of liberty and in it absence one can act according to his will whenever the government crosses the barrier of its authority and interference in the personal life of the people, may rise in revolt against the government.
• “It is the proud spirit of the citizens, less than the letter of the law, that is the most real safeguard” – Harold . J. Lask

MORE TO KNOW

What is sovereignty?

• “Sovereignty is the absolute and perpetual power of the state that is, the greatest power to command.” – Jean Bodin
• Sovereignty can no more be alienated than a tree can alienate its right to sprout or a man can transfer his life or personality to another without self destruction – Lieber

Equality

• A state divided into a small number of rich and large number of poor will always develop a government manipulated by the rich to protect the amenities represented by their property.- Harold laski