POLITICAL SCIENCE

HIGHER SECONDARY SECOND YEAR

Government of Tamilnadu
First Edition 2005

Chairperson
Dr. S. Subramanian
Former Professor and Head
Department of Political Science
Madurai Kamaraj University
Saraswathi Illam, # 87/25, Chetty Street
Ayanavaram, Chennai

Reviewers
Untouchability is a sin

Dr. A. Karuppan
Lecturer (Selection Grade)
Political Science
Presidency College, Chennai

Dr. V.N. Viswanathan

Reader in Political Science
Presidency College, Chennai

Untouchability is a crime
Authors

Untouchability is inhuman

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Anna Centre for Public Affairs
University of Madras, Chennai

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Lecturer in Political Science
Annamalai University
Annamalai Nagar

Dr. G. Sundararaman
Post-Graduate Teacher
(Political Science)
M.M.A. Govt. Hr. Sec. School
Pallavaram, Chennai

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Assistant Headmistress
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Ayanavaram, Chennai

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SYLLABUS
1. Development of State
1.1
1.2
1.3
1.4
1.5

5.5 Collegiate
5.6 Modern dictatorships
5.7 Distinction between unicameral and bicameral
legislature

City state
Feudal state
Nation state
Socialist state
Welfare state

6. Judiciary

2. Theory of the Origin of the State

2.1
2.2
2.3
2.4
2.5
2.6

Divine origin theory

Social contract theory
Matriarchal theory
Patriarchal theory
Force theory
The historical theory

3. New Political Science

3.1
3.2
3.3
3.4

5.3 Parliamentary
5.4 Presidential

Meaning and nature of the concept

Uses of political power
Nature and importance of authority
Nature and uses of influence

4. Challenges to State Sovereignty

4.1 Erosion of national sovereignty
4.2 Globalisation and challenges to state sovereignty

6.1
6.2
6.3
6.4
6.5

Need and importance of judiciary

Qualifications for judges.
Judicial review
Judicial activism
Independence of judiciary

7. Indian Government and Politics

7.1 Salient features of Indian Constitution
7.2 Organisation of Central Government
7.2.1 President
7.2.2 Prime Minister
7.2.3 Council of Minsters
7.2.4 Speaker
7.2.5 Parliament - Rajya Sabha
7.2.6 Parliament - Lok Sabha
7.2.7 Supreme Court
7.2.8 Indian political parties
8. Organisation of State Government - Tamilnadu

5. Forms of Government

8.1 Governor
8.2 Chief Minister

5.1 Unitary
5.2 Federal
v

vi

8.3 Council of Ministers

8.4 Legislature
8.5 High Court including subordinate judiciary
8.6 State Secretariat
8.7 District Administrative Structure
9. Local Self Government in Tamil Nadu
9.1 Structure of Local Self Government in Tamil Nadu
9.2 Urban
9.2.1 Municipal Corporations
9.2.2 Municipalities
9.2.3 Townships
9.2.4 Cantonments
9.2.5 Town Area Committees
9.2.6 Notified Area Committees
9.3 Rural
9.3.1 Three Tier Panchayat System
9.3.1.1 District Development Council
9.3.1.2 Panchayat Union
9.3.1.3 Gram Panchayat
9.3.2 Functions of Panchayat bodies
9.4 Evaluation of working of the Panchayat Raj System

Contents
1.

Development of State

2.

Theory of the Origin of the State

29

3.

New Political Science

48

4.

Challenges to State Sovereignty

61

5.

Forms of Government

75

6.

The Judiciary

93

7.

Indian Government and Politics

107

8.

Organisation of State Government - Tamilnadu

139

9.

Local Self Government in Tamilnadu

178

10. India in the 21st Century

217

10. India in the 21st Century

10.1 Present position
10.2 Plans for the future

vii

Page

viii

Chapter 1

DEVELOPMENT OF STATE
The State occupies the most important place among all
social institutions. It is the keystone of the social arch, as Laski
says. In the words of Finer the state is the supreme social frame
work. Without state there would be chaos and confusion in the
society. It is not only a natural but also a necessary institution. It
exists to control and regulate the behaviour of the human beings.
It protects the weak against the strong, maintains peace and order
and serves the common good life of all individuals. Man cannot
live without the state.
This lesson is about the evolution of the state. The state is
the result of a slow and steady growth extending over a long period
and has many stages in its development.
Different factors produced different types of states in
different societies. It is difficult to show the stages of evolution
which the modern nation state had to undergo during its emergence.
The process of the evolution of the state has not been
uniform. In the early period there were the Oriental empire, Greek
city-state, the Roman Empire, the Feudal state, the Nation state,
socialist state and welfare state. The following typologies of state
are described below: (1) City State, (2) Feudal State, (3) NationState, (4) Socialist State and (5) Welfare State.
1.1 CITY STATE
After the Oriental Empire there was the City-State in Greece
around 1000 B.C. In fact, political theory may be said to begin
with the Greek City-States. The Greek City-States were the first
1

communities to have given conscious thought to politics.

Although the Greek political institutions were probably not unique,
yet they presented the most fully developed instance of a way of
life and government for which
evidence is avilable.
When the Greeks settled
in Europe, they were divided into
local communities organised on
the primitive model according to
clans and tribes. Each clan and
tribe occupied distinct valleys and
islands into which Greece was
broken up by sea and hills. These
valleys and islands, over the lapse
of time, became centers of
political life sharply different
from the Oriental Empires. From
the history of the Greek City-States, and especially from the history
of Athens, we can trace how the tribal administration gradually
gave place to the local principle in government, and how the local
community was developed into the City-a new political type of
governance. The Greek City was a true State in the modern sense
of the term in which the political, economic, intellectual, and moral
life of the people was focussed on the
central city.
With the Greek City-State two
ideas were integral. Each City was a
politically organised State independent
of others and proud of its independence.
The Greeks never thought, and perhaps
it was foreign to their nature, to merge
their identify in any other City and to
make a large unit of political
2

administration. Secondly, the Greek City-State was deliberately

limited in size and population. According to Greek political
philosophy, the concentration of political, social and intellectual
life at one central city was possible only when the State was small.
Aristotle put definite limitations on the population and size of the
State. He held that neither ten nor a hundred thousand could make
a good State, because both these numbers were extremes. He laid
down the general principle that the number should be neither too
large nor too small. It should be large enough to be self-sufficing
and small enough to be well governed.
The Greek City-State developed to the stage of a conscious
effort directed to the realisation of liberty and equal laws. It was a
great experiment not only in the art of self-government, but also in
quest of virtue. To be a citizen of the State did not merely imply, in
the Greek view, the payment of taxes and the casting of a vote. It
implied a direct and active co-operation in all the functions of civil
and military life. A citizen was normally a soldier, a judge and a
member of the governing assembly. He performed his public duties
in person; the Gods of the city were his Gods, and he attended all
festivals. The State was, thus identified with society. The Greek
City was at once a State, church and school and it embraced the
whole life of man. Since the object of the State was to secure a
good life for all citizens all forms of State control calculated to
secure that end were considered proper and justified, and no line
was drawn between matters of political, moral, religious and
economic. Edmund Burkes description of the State as a
partnership in all science, a partnership in all art, a partnership in
every virtue and in all perfection was the real life of the Greek
City-State, Athens at the height of her fame was regarded as the
embodiment of all that was most advanced in Greek political ideas.
The City-States of Greece were typical examples of direct
democracy in the modern sense of term. All citizens were directly
associated with the governance of the State and it really meant the
3

power of the people. But forms of government, according to Greek

philosophers, were subject to cyclic changes. Monarchy was the
first and in time it gave way to aristocracy. Aristocracy was
succeeded by oligarchy. Then came polity and, finally, democracy.
Democracy was held to be rule by the mob.
The Greek City-States fundamentally differed from the
Oriental Empires. But there were snags, too, in the Greek political
life. Their love of independence verging on separatism ultimately
resulted in their collapse, when a powerful state arose in the north
under Philip of Macedonia. They were also wanting in what may
be called the submissive virtues-patience, self-denial, and the spirit
of compromise and tolerance. Their self-will and lack of disciplined
life embittered the faction fight in their Cities between the rich
and the poor, nobles and commons, friends of Athens and friends
of Sparta. The works of the Greek historians and political thinkers
clearly show that the Greek society of their time was not in a sound
state. The philosophers were constantly asking the question, what
virtue was, and how it might be taught. And they looked on this
question as one of immediate and even urgent importance to society.
They felt that their countrymen were thinking too much of liberty,
and far too little of discipline. They foresaw that a people in this
state of mind must fall before that power whose people were better
disciplined than the Greeks. The Macedonians, and after them the
Romans, proved the truth of this forecast.
The Greeks were also wanting in humanity. They made
liberty the exclusive right of superior people and denied the same
to others what they valued for themselves the most. Even the wisest
of the Greeks regarded slavery as a natural institution and they
never dreamt that civilised life was possible without slavery.
Athens, for example, had only about 20,000 citizens who obtained
leisure for their public duties by turning over all the rough work to
a much larger body of slaves. Slavery is incompatible with
civilisation and, as such, with democracy. A democratic society is
4

one in which all enjoy equal rights and privileges without any barrier
of class distinction. The brotherhood of man is its basis and all its
members are equal.
The Greek City-State was an all-inclusive partnership in
every aspect of human existence. But this broad inclusiveness made
the Greeks neglect one of the most essential of political problems,
that of clearly defining the functions of the State and separating it
from various other associations which composed, society. The
failure to distinguish the State from the community says Mac Iver,
left Athenian liberty itself a monument broken and defaced. The
all-inclusive State, whether its dimensions are those of the city or
nation, cannot draw the line between law and customs, between
enforcement and spontaneity, between the conditions of order and
those of culture, so long as the theory is accepted that the State is
omnipotent. Under such a theory no form of life is safe, no religion,
no opinion, unless its adherents control the government. So the
very diversity which enriches a civilisation when recognised as
existing of right, creates under the principle of the universal
partnership those violent and factious oppositions which on the
contrary destroy it.
1.2 THE FEUDAL STATE
The downfall of Rome meant the death of the State in
Western Europe. A long period of confusion followed. The Teutonic
barbarians who invaded Rome from the north were still living in
the tribal stage, not yet having conceived of strong central authority.
They were lovers of local independence and individual liberty and
their kings were simple successful war Chiefs. The freemen had a
voice in all public affairs.
When such people came into contact with the Roman
political system which was characterised by order, unity, and
centralisation conflict was the inevitable result. Out of this conflict
feudalism arose as a compromise between the clan type of society
5

represented by the Teutonic barbarians and the imperial State type

represented by Romans. It is easy enough to decry feudalism and
belittle its importance in the evolution of the State. It has been
rightly said that it was not a system at all. But in the anarchic state
into which society had fallen following the decline of Rome, it
was feudalism which gave the people of Europe comparative peace

infeudation of land created a community of his own around him.

The supreme lord parcelled out his land among the tenants-in-chief,
and the tenants-in-chief among the tenants, and the tenants in turn
among the Vassals and Serfs. Thus a hierarchy was built upon the
basis of land-holding. A rigid system of classes was established
and the State was swallowed up in the community. Services of
various kinds, particularly military, were rendered to the immediate
overlord, and the control of the supreme lord, or king, at the top of
the social and economic ladder over the Vassals and Serfs at the
bottom of the ladder was indirect and remote. The loyalty of each
class was in the first instance to the class immediately above it. As
a result of such limited loyalty, the idea of a sovereign power
reigning supreme in a given territory remained foreign to the feudal
period. In the place of a system of uniform and impartial law which
the Romans had done so much to build up, there was reversion to
custom as law. Real political progress was impossible as long as
feudal ideas prevailed. Yet feudalism was not synonymous with
anarchy. It justified its existence by providing peace and protection
to the people of Europe. It was based upon personal loyalty and
contract. In its later stage, particularly in England, where allegiance
to the king took precedence over allegiance to the immediate lord,
it helped the growth of the Nation State.

On the decline of the Roman Empire, the vast territories of

Rome fell into the hands of powerful Nobles. Each of these Nobles
became an authority unto himself and each by a process of sub-

Another institution which survived the confusion following

the downfall of the Roman Empire was the Christian Church.
Christianity began as a humble faith among the lower classes of
society, but in the course of a few centuries it reached mighty
proportions and about the year 337 A.D. the Roman Emperor
Constantine was converted to Christianity. By the end of the fourth
century it was the only recognised religion in the Roman World. It
built its organisation on the Roman imperial model and when the
Empire fell to pieces, it was able to step into its place and give
Europe order and peace. During long periods of the Middle Ages,
it was able to control the State; and itself became a powerful

and protection and preserved the machinery of the State. It was

confusion roughly organised. It marked the transition from the
imperialism of the Roman world to the nationalism of the modern
world.
Rise of Feudal State

temporal authority, holding in its possession considerable wealth,

especially landed property.
In feudalism the Church found a valuable ally, for it was in
the interest of the political aspirations of the Church that Western
Europe should be kept divided with no common political superior
to offer resistance to the extravagant claims of the Church. The
Protestant Reformation which came soon after in effect ended the
secular supremacy of the Church, and the way was prepared for
national monarchies.
With all its imperfections, feudalism has rendered
inestimable service to the European polity. The political unity and
the way of life of the State, built up laboriously by Rome in Western
Europe, were threatened with complete destruction in consequence
of the barbarian invasions, which caused the downfall of her
Empire. At such time, by welding together the strong sentiment of
personal loyalty and the stable attachments connected with the
possession of land, feudalism gave some order and avoided total
chaos; it provided a temporary scaffolding or framework of order
on which a true national life could grow.
Secondly, it fostered among the big landlords self-reliance
and love of personal independence.
Turbulent, violent, and ungovernable as was the feudal
aristocracy of Europe says Myers, it performed the grand service
of keeping alive during the later medieval period the spirit of liberty.
The feudal lords would not allow themselves to be dealt with
arrogantly by their king; they stood on their rights as freemen.

The defect, however, of the feudal system was, as may be

seen from the foregoing discussion, the confusion of public, and
private rights, which was yet essential to it. It also rendered difficult
the formation of strong national Government, as a country was
split into a vast number of practically independent principalities.
Briefly, it was liable to the disease of anarchy; indeed where the
private ownership of land by a feudal chief was the basis of social
order, anarchy was, inevitable. Adams remark that the feudal
system was confusion roughly organised sums up its true place in
the evolution of European polity.
Feudalism in India
The Indian version of feudalism, could be studied in the form
of Land Tenure System that prevailed in medieval India during the British
period. It is not fair to equate the feudalism in Europe to Zamindari
system in India, however the structure of the system have great
resemblance with each other.
Zamindari System
India had since time immemorial taken a part of the agricultural
produce as land revenue. It had done so either directly through its
servants or indirectly through Zamindars, who collected the land revenue
from the cultivator and kept a part of it as their commission. These
intermediaries, known as Zamindari were primarily collectors of land
revenue although they did sometimes own some land in the area from
which they collected revenue.

As against a royal tyranny, exceeding the bounds of law,

the greater lords could oppose a military power greater than the
kings.

The Zamindari system, was later modified and introduced in

Northern and North Western India during the British period, and was
called as Mahalwari system. Under this system, revenue settlement was
to be made village by village or estate (Mahal) by estate with land lords
or heads of families, who collectively claimed to be the land lords of the
village or the state.

1.3 THE NATION-STATE

Origin of Nation State
Feudalism was only a temporary scaffolding or framework
order. It gave to the people of Europe some order, but a true
national life could not grow on such a system. Many factors
contributed to its decline. The general course of events had been
that powerful lords subdued less powerful ones, and small
kingdoms emerged by successful conquest or lucky marriage, and
by the consolidation of an authority that was generally welcomed
by the masses, if not by the more important lords, whose powers
were gradually limited by the new monarchs. The Renaissance and
the Reformation accelerated the pace of this change. The Tudors
in England took advantage of the situation and demonstrated to
the European countries how the people could unite and progress
under a strong and centralised authority. The ties of unity were
further fostered by the sentiments of nationality. Britians insular
position helped the British in attaining the full stature of an
organised and conscious nationhood. The attempt of the English,
in the early fifteenth century, to dominate France roused the national
spirit in that country too. A similar awakening, due to various
causes, had come in Spain and Portugal. The sixteenth century
saw the Danish and Swedish peoples also similarly organised.

were giving way, it was natural for the people to cling to the central
institution in which their political life was embodied. The growing
national consciousness of the people had made them realise the
need for consolidation. But consolidation demanded concentration
of authority. Protestantism, too, while limiting the authority to a
territorial State, placed the spiritual and civil authority in the hands
of the king. The political thought of this period, also supported
absolutism. Machiavelli freed the ruler even, from the limitations
imposed by public morality. The theory of Divine Right of Kings
championed the cause of absolute monarchy.

Growth of Nation State

But the absolute authority of the kings could not remain

unchallenged for long. The next stage in the development of nationState was the conflict between the king and the people. The people
demanded their rights and privileges. They began to realise that
power was ultimately theirs, if they wished to wield it. It was the
rise of democracy and the aspirations for a representative system
of government. Democracy brought with it three main principles;
equality, popular sovereignty and nationality. The manifestation
of the first principle was found in the Declaration of the Rights of
Man drawn up by the French Revolutionaries in 1789. Ever since
1789, this principle has been at work emancipating and elevating
the hitherto unfree and downtrodden orders of society, and
removing civil, regilious and race disabilities from disqualified
classes in the State. The Declaration of the Rights of Man also
embraced the concept of popular sovereignty. It means, in simple
words, that the people are the source of all authority and law is the
expression of their will. Finally, the principle of nationality requires
that the people, who feel they are one, are free to choose their own
form of government and to manage their affairs in their own way.
Here, again, it may be stated that the French Revolution was
primarily responsible for the revival of the national sentiment.

The Nation-States began their careers as absolute

monarchies. When Papal authority was set aside, and feudal rights

The advance of democracy wrecked absolutism and brought

about a great improvement in the political customs of the civili

10

11

A new type of State, thus, emerged. The old concept of the

State was replaced by the State based on bonds of nationality
strengthened by natural boundaries. A national State, with a distinct
and separate territory of its own, gave rise to the modern theories
of sovereignty and equality of States. The nation-State also helped
the growth of international law.

nations. The selfishness of the ruling families was checked and methods
of government became milder and fairer. Laws were made with due
consideration of the interests of the people, and opinions were freely
brought to the test of discussion. Another characteristic of the
democratic State had been the pursuit of the policy of laissez-faire in
the field of industry, trade and commerce. This policy to let people
alone had certain obvious results. First, there had been a great
expansion in enterprise and invention. Secondly, there had been a
movement of diffusion owing to economic freedom. Finally, there had
been a marked tendency in concentration both of capital and land.
The modern State is a nation-State and it has become the basic
pattern throughout the world. It actualises the principle of selfdetermination, or the right of each nation to govern itself. Loyalty in the
nation-State is expressed to the nation, or, in the other words, to the
people. A nation-State, accordingly, places emphasis on the ethnic, if
possible, and geographic unity of the people. It adopts all means at its
disposal to preserve the integrity of its natural frontiers and tries to
maintain a homogeneous and united people. This has been the course
of the development of the State during the past five centuries.
1.4 SOCIALIST STATE
Socialist regards the State as a positive good. Therefore, instead
of minimum possible State action, he wants the maximum of it. He
believes that this is the only way by which social justice can be made
possible for the bulk of mankind. He aims at a cooperative common
wealth controlling all due means of production and regulating distribution
according to some method of joint control. Under socialist state there
would be a common ownership of the means of production and
exchange-and wages would be according to needs. Some socialists
advocate equal distribution, others equitable distribution. Accordingly
the Socialist State is formed.
The chief merits of socialist state may be briefly outlined as
follows:
12

In the words of J.W. Garner, socialist state protests against

the obvious evils of our present social system and urges the need
for a radical change. Money and power are concentrated in the
hands of a few, and the labourer does not receive his proper due.
Since the bargaining capacity of the labourer is not equal to that of
the employer, the working man is often obliged to make a forced
agreement. The present system leads to grave inequalities of wealth
and opportunity. It is also responsible for enormous waste and the
duplication of services. There is no planned economy on a nation
wide scale. Unrestricted-competition leads to lower wages, overproduction, cheap goods, and unemployment. The present system
further tends to beget materialism, unfairness, dishonesty, and a general
lowering of the standard of individual character.
Main features of Socialist State
1. Eliminates Capitalism
Socialist State wants to eliminate capitalism which led to unequal
distribution of wealth. It divided the society into two classes - rich and
poor, haves and have-nots and the exploiter and exploited and
created wide gulf between the two. Socialist state seeks to cure all the
evils of the capitalism such as injustice, inequality, class war etc by
abolishing it.
2. Opposes Competition
Socialist State tries to eliminate all forms of competition. It wants
to have cooperation instead of competition between the employers and
workers. It tries to substitute cooperation for competition.
3. Economic Equality for all
Socialist State tries to secure economic equality for all by
abolishing the wide gaps between different sections of the society.
It stands for the principle of economic equality. It opposes the
concentration of wealth in the hands of a few people. It aims to bridge
the gap between the rich and poor so that opportunities are enjoyed by
13

all equally. It desires to have a society in which there is no inequality in

the distribution of property. According to Laveleys: Socialist state is
an equaliser and leveler.
4. Opposes private property
Socialist State tries to abolish the institution of private property.
It regards private property as theft and source of all evils in the society.
It declares that land and capital should belong to all and not to a
privileged few.
5. Social control of means of production
Socialist State stands for public control of the means of
production. It wants to abolish private enterprise. It wants to
nationalise all the factors of production. Factors of production
should be used by the people for the people. In other words, it
aims at introducing state enterprise in the field of production and
distribution for common good. It wants the state to be the producer
and distributor in order to do justice to the people.
6. Emphasis on society
Socialist State lays more emphasis on society than the
individual welfare to social welfare. It gives importance to the larger
interests of the society as against the narrow and selfish interests
of the individual. Social welfare is the main consideration of
production. It means, under socialist state only those things will
be produced which are needed by the society.
7. Rewards the worker on the basis of needs
Socialist State believes in rewarding the worker in
proportion to the value of his labour. Its slogan is: From each
according to his ability to each according to his needs.
8. Methods
Socialist State believes in democratic and evolutionary methods.
It tries to bring about the necessary changes in the present economic
14

and political structure peacefully and gradually. It believes in constitutional

and peaceful methods in reconstructing society.
Evaluation
Socialist State, as a political philosophy and economic
movement, has its merits and demerits which are listed below.
(A) Merits or Advantages of Socialist State
Socialist State has become very popular and powerful
movement in modern states. It has exercised deep influence on the
policies of every state. Today it is seen in different parts of the
world in one form or the other. Everywhere the state is interfering
in economic and industrial affairs where public welfare is involved.
It is owning, controlling and managing industries and public
services which are of national importance. The trend of every state
today is, thus, towards socialist state. Its merits are:
1. It puts society above the individual and considers the
good of all as something superior to the mere good of
the individual. It regards social welfare as the basis of
production.
2. It rightly depicted the evils existing in the present day
society. It desires to put an end to the evils of capitalism
like economic inequalities, wastage of resources lack
of proper planning wasteful production etc.
3. It wants to destroy the institution of private property,
reduce the present economic inequalities, put an end
to all types of exploitation and create a better society.
4. Its principle of production is social benefit but not
personal profit. It manages and regulates industries not with
profit motive but with social needs.
5. It secures better conditions of work for the workers. It
raises their status and importance in the society.
6. It favours gradual changes based on peaceful and
15

constitutional methods. It is evolutionary in nature. So it

paved the way for the success of democracy.
7. Finally, it will free the individual from want and starvation
and will thereby provide him with greater opportunities for
political and economic activities.
(B) Demerits or Disadvantages of Socialist state
In spite of the above advantages, socialist state has been
subjected to severe criticism on the following grounds:
1. It leads to authoritarianism as it puts too many powers
in the hands of government. It results in the restriction
of individual liberty as the state interferes in every
sphere of individual activity. State becomes the master
and the individual becomes its servant.
2. It kills individual initiative and enterprise because it
does not allow private property. In the absence of
private property, men may not like to do maximum
work.
3. It advocates socialisation of means of production. It is
difficult for the state to manage all industries, control
the means of production and distribution. complete
management of all industries by the state will result
in inefficiency, redtapism, corruption and nepotism.
Industries may not be run on sound and economical
lines
4. It ignores and neglects completely the interests of the
consumers. It does not provide to the consumer any
choice in respect of consumption. The consumer has
to adjust his needs to production which is controlled by
the state.
5. It is argued by the critics that practical instances show that
countries with a socialist system like China has made less
16

progress compared to those having laissez faire system

as United States.
Finally, the theory of Socialist state is like a storehouse of
confusion. One fails to understand as to what it really aims at.
Despite these weaknesses, the theory of Socialist state has now
become a matter of universal appreciation. All thinkers ranging
from the advocates of Liberalism to that of Communism express
their unflinching faith in the doctrine of Socialist state. The days
of a hundred percent Individualism are gone for ever. Today all
states are moving towards Socialist state. People everywhere expect
that the state will actively promote their welfare and that it should
play a positive role in their life. J.C.Johari says: None can deny
the fact that the movement of socialist state has brought about
numerous reforms. The rise of wages, reduction in the hours of
work improvement of working conditions, curbs on the prevalence
of destructive competition, decrease in the degree of exploitation
and the like are some of the leading achievements of socialist state.
1.5 THE WELFARE STATE
The term the welfare state is so much in vogue in presentday India. The idea of a welfare state is deeply embedded in the
Indian Constitution in the part dealing with the Directive Principles
of State Policy.
Article 98 says: The State shall strive to promote the
welfare of the people by securing and protecting as effectively as
it may a social order in which justice, social, economic, and
political, shall inform, all the institutions of the national life.
Article 39 speaks of (a) adequate means of livelihood; (b)
distribution of natural resources so as best to subserve the common
good; (c) opposition to the concentration of wealth; (d) equal pay for
equal work for both men and women; (e) conservation of health and
strength of workers-especially of women and children; and (f) the nonexploitation of children. Article 41 speaks of the State securing the
17

right to work to education, and to public assistance in cases of

unemployment, old age, sickness, and disablement.

gone back is the nationalisation of steel. The rest of the programme has
come to stay.

The articles following feelingly refer to provision for just and

humane conditions of work and for maternity relief; a living wage for
workers; provision for free and compulsory education until the children
are fourteen years old; promotion of the educational and economic
interests of Scheduled Castes, Scheduled Tribes, and other weaker
section; and the duty of State to raise the level of nutrition and the
standard of living and the duty to improve public health. These are to
be implemented by the government in the interest of welfare of the
population. Courts cannot entertain cases for their non-implementations
as per Article 37 of the Constitution.

A vast social insurance scheme is in operation today in Britian.

According to it, all persons of working age contribute to it except
housewives. Provision, is made for old age retirement benefits, widows
benefits, unemployment benefits, family allowances for families with
two or more children, milk for school children, milk and special food
for expectant and nursing mothers, free medical service free secondary
education and liberal scholarships for higher education.

The origin and development of the Welfare State Ideal

While every State today would like to call itself a welfare state
almost up to the end of the nineteenth century most states contented
themselves with being police State. Their primary business was merely
to provide law and order. The promotion of welfare was left to
individuals and groups of individuals. Among political thinkers in our
day, Laski more than anyone else was the first to turn the attention of
the world from the police state idea to the welfare state idea.
The welfare state ideal took strong root in England. Its
development, however, was different from the development in
Germany. In England Trade Unions, ably supported by Fabian and
other types of socialists, played an important part in developing
the ideal.

This vast programme has been made possible by steep

graduated, taxes, by the high degree of self-discipline practised by
the people, and by their conscientiousness in the payment of taxes.
Surprisingly enough, national production has increased in spite of
high taxes. There is a high level of economic satisfaction in the
country.
In U.S.A. we find that on account of the strong
individualistic tendencies of that country the term welfare state
is anathema to a great many. However there are several welfare
schemes in operation in the broad sense of the term. They are the
Tennessee Valley Authority, elaborate social security schemes,
public works and excellent roads, price support for agricultural
products, free education up to the college stage and state and federal
aid to education. The Social Security Scheme is so very
comprehensive as to include even white-collar workers University
teachers, and self-employed persons.

The National Health Service whose foundations were laid by

earlier governments received its final shape during the Prime Ministership
of Attlee. Besides a series of measures were passed resulting in the
nationalisation of railways, coalmines and- steel; nationalisation of the
Bank of England, and nationalisation of transport. When the
Conservatives came in power the only measure on which they have

Among the continental countries, Sweden, Norway, and

Denmark has extensive welfare schemes supported by high taxation.
In some of the welfare states of Europe the inequality between the
highest and lowest incomes is less than ten times.

18

19

The socialist states also are welfare states; but here welfare is
planned and executed from above. More attention is paid to material

welfare than to moral and spiritual welfare. Russia has been the first
modern country to have a planned economy. Her successive Five Year
Plans have been a remarkable success and paid her a good dividend
during World War II. There is in general a pooling of wealth.
The aspiration of the Indian State has been to provide full
employment to all its citizens, free and compulsory education up
to 14 years of age, public assistance in cases of unemployment,
old age, sickness, disablement, and even of undeserved want, a
decent standard of life, full enjoyment of leisure and social and
cultural opportunities adequate housing, and health facilities. In
spite of the best efforts of the Government, full employment still
remains a dream. Free and compulsory education has made some
advance, but is nowhere near the goal. Half-hearted attempts have
been made at the limitation of population.
The five giant evils of India which need to be tackled are
want, disease, ignorance, squalor and idleness. Time is of the
essence in tackling these evils since time waits for no man.
The three Five Year Plans and yearly plans of Plan holiday
periods have helped to improve the agricultural and individual
conditions of India, but much leeway has yet to be made. In the
Fourth Plan still greater stress is laid on all out development. Many
spectacular schemes have been started, and some completed, in
the harnessing of turbulent rivers for purposes of power and
irrigation, in the production of steel and cement, in the manufacture
of railway engines, coaches, telegraph and telephone equipment,
etc. The emphasis on the public sector has been so great that the private
sector complains of a stepmotherly treatment. Nehru at one time said:
the public sector must grow and dominate.

state power is deliberately used to modify the normal play of economic

forces so as to obtain a more equal distribution of income for every
citizen, a basic minimum irrespective of the market value of his work
and his property. It is purely on economic point of view. T. W. Kent
attempts a more inclusive definition when he says that a welfare state is
a state that provides for its citizens a wide range of social services.
Kent goes on to say that the primary purpose of the state is to give the
citizen security, but the welfare state undertakes to help him if he lose
his ordinary source of income.
Hobman describes the welfare state as a compromise between
communism on the one side and unbridled individualism on the other.
As such, Hobman believes that in spite of all its imperfections, the welfare
state sets a pattern for any humane and progressive society. To sum up
his views some what extensively, the welfare state guarantees a minimum
standard of subsistence without removing incentives to private enterprise.
It brings about a limited redistribution of income by means of graduated
high taxation. Yet it does not pretend to establish economic equality
among its citizens. All are assured of adequate help in case of need,
whether the need is due to illness, old age, unemployment or any other
cause.

From the above description of the welfare state in many sense,

we may now proceed to a definition of it. Adopting a rather narrow
and restricted view of it, Abraham defines it, as a community where

The emergence of the concept of the welfare state has added a

new dimension to the discussion on the end and functions of the state.
The idea of Welfare State is not new to political theory. It is as old as
political thought. Ancient western political thinkers like Plato and Aristotle
maintained that the purpose of the state was the welfare of the people.
Ancient Indian thinkers also stated in their writings that all people must
live happily and it was the duty of the king to promote the welfare of the
people. But it did not receive much attention in the past. It received
greater attention only in the later part of the 19th century. It emerged
from Industrial Revolution which created a number of problems such
as concentration of wealth in the hands of few individuals, bad working
conditions for the workers, growth of towns and slums, spread of
epidemics, growing unemployment, rising prices etc. Added to these,

20

21

Definition and Nature of the Welfare State

the scientific and technological developments increased the problems

of the human beings. To solve these problems the state had to take up
the responsibility of implementing a number of socio-economic
programmes to make human life happy. It had to interfere in all spheres
of human life to promote the maximum happiness of the maximum number
of people. The result was that it began to pass a number of laws in the
later half of the 19th century. It was with the passing of Factory Laws
that the modern Welfare State was born

Features of Welfare State

Definition of Welfare State

2. Undertakes progressive measures

The concept of Welfare State is defined differently by different

writers which are listed below.

Welfare State tries to implement progressive measures like land

reforms, agricultural development, price control, public distribution
system of essential commodities, provision of health, education,
sanitation, communications etc.

1. The Welfare State is one which provides a wide range of

social services and security. (T.W.Kent)
2. Welfare State regards want, disease, ignorance, squalor
and idleness as five great enemies of the people and wants
to give them a fight and destroy them. (Nehru)
3. The Welfare State is a society in which an assured minimum
standard of living and opportunity becomes the possession
of every citizen. (G.D.H. Cole)
4. The Welfare State is a system wherein government agrees
to underwrite certain levels of employment, income,
education, medical aid, social security and housing for all
its citizens. (Amartya Sen)
The concept of Welfare State is a compromise between extreme
Individualism and Socialism. Individualism gives maximum importance
to the individual and degrades the state. Socialism, on the other hand,
gives maximum importance to the state and degrades the individual.
But Welfare State gives importance to both state and individual. It
promotes the general happiness and welfare of the people. It regards
itself more as an agency of social service than as an instrument of power.
It aims at the attainment of moral progress, development of individual
personality and maintenance of certain good conditions of social life.
22

The following are the basic features of the Welfare State

1. Emphasises the worth of man
Welfare State emphasises the worth and dignity of the individual
and helps and assist him to lead a respectable life in the society. It
regards all individuals on an equal footing irrespective of their social
and economic status.

3. Undertakes wide-range of Social Services

Welfare State undertakes wide-range of social services for the
betterment of its citizens. They include measures like eradication of
untouchability, dowry, child marriage, sati, etc. It takes steps to abolish
illiteracy, poverty and unemployment. It established schools, hospitals
and other institutions to meet the needs of the people. It provides
unemployment relief, maternity benefit, old-age and other social benefits.
Functions of Welfare State
Welfare State undertakes numerous functions which are divided
into
A. Regulative
B. Protective and
C. Welfare functions
A. Regulative Functions
These include: (i) maintaining law and order, (ii) promoting peace
(iii) curbing anti-social elements and their activities, (iv) putting down
23

communal, caste and class clashes, (v) checking exploitation of labourers

by passing necessary legislation etc.
B. Protective Functions
These include: (i) maintenance of internal order, (ii) protecting
territorial integrity, (iii) maintenance of basic institutions, (iv) maintenance
of sound net-work of postal system, transport and communication
systems (v) regulation of trade, markets, weights and measures, (vi)
prevention of theft, decoity and other criminal activities, (vii) conducting
foreign relations with other countries, (viii) administering justice and
punishing criminals, and (ix) safeguarding the countrys territories
sovereignty and independence against external attacks and invasions
etc.
C. Welfare Functions
These include: (i) eradicating the spread of contagious diseases
like malaria, cholera etc. (ii) eradicating illiteracy by establishing
educational institutions (iii) reducing the economic inequalities by taking
steps for distribution of national income, (iv) providing employment
opportunities to all qualified persons (v) improving the working
conditions of the workers by fixing hours of work, compensation etc.
(vi) creating healthy atmosphere in and outside industries. (vii) providing
adequate social services such as unemployment benefits, disability
benefits, maternity benefits etc. (vii) introducing jail reforms for speedy
disposal of cases and reducing the cost of judicial litigation, (ix)
introducing land reforms, (x) encouraging cottage and small-scale
industries, (xi) undertaking Community Development Programmes, and
(xii) checking social evils etc. In brief Welfare State provides full
employment, social security, housing, health and education for all
people.
Criticism of Welfare State
There are a few writers who criticised the idea of Welfare
State on the following grounds:
24

1. Very expensive
Welfare State, is an expensive state and is beyond the reach of
poorer nations. Providing a wide range of social services involves a lot
of expenditure.
2. Kills individual initiative and freedom
It is said that Welfare State curbs the individual freedom, initiative
and self-help. It retards moral development because it makes a man
inferior and dependent on charity. It develops in him proper mentality.
3. Undue importance to Bureaucracy
It is also argued that Welfare State gives undue importance to
bureaucracy because it is bureaucracy which makes policies and
implements them.
4. Leads to inefficiency
It is pointed out that Welfare State undertakes too many
functions which in turn results in administrative inefficiency and
mismanagement of human and natural resources.
5. Retards the work of Association
Finally, it is said that Welfare State regulates the work of
voluntary organisations in the society. They are pushed back and
the willingness to undertake social service activities on the part of
the associations are undermined.
Importance
Most of the criticisms given above, are not correct. In order
to make the Welfare State an ideal system, some steps have to be
taken. They are: (1) Defining the objectives and laying down the
means to achieve them; (2) Avoiding red-tapism (3) Periodic
evolution of Welfare Schemes (4) Checking totalitarianism and
(5) Encouraging voluntary associations etc.,
If the above measures are adopted the Welfare State may
25

certainly become heaven of peace because it reconciles individual

freedom with the authority of the state, brings about a fair degree
of equality of income among all people and recognises the dignity
and worth of the human beings.
PROBLEMS IN ESTABLISHING WELFARE STATE
The ideal of Welfare State, though seen to be good on paper,
is very difficult to realise in practice because of many social,
political, economic and administrative problems. They are acting
as hindrances or obstacles in the way of establishing welfare state.
They may be stated as under:

5. Social Evils
Social evils like untouchability, bonded labour, feudal set up
etc. affect the welfare programmes of the government.
6. Discipline and Devotion
These two qualities are highly essential for achieving the ideal
of welfare state. People should work with discipline and determination
in implementing the programmes, extend their cooperation to the
government and pay the taxes promptly. Then alone the objective of
welfare state will be realised.

1. Growth of population
The tremendous increase in population is becoming a major
problem in the establishment of Welfare State. The little progress
that has been achieved has become inept due to over population.
2. Indifferent attitude of the officials
The officials in charge of implementing welfare schemes
should have sincerity and dedication to the cause of the welfare of
the people. Any different attitude exhibited by the officials will
defeat the purpose of the programmes and leads to their failure.
3. Lack of adequate economic resources
The process of carrying out many programmes to promote
the welfare of the people involves a lot of expenditure. In a country
like India where the population is very large and finances are
limited, it is very difficult to achieve the goal of establishing welfare
state.
4. Narrow outlook
The selfish and narrow mentality of the people are also the
hindrances on the way to welfare state. People should conduct
themselves above the considerations of caste, religion and language.
They should give top priority to the interests of the nation.
26

27

Exercise
Part A
Fill in the blanks
1.

The modern State is a ______ State

2.

The welfare State ideal took strong root in ______

3.

Sweden, Norway, Denmark are ______ countries

Part B
4.

Define City State.

5.

Define Socialist State.

6.

What are the merits of Welfare State.

Part C
7.

Explain the growth by Nation State.

8.

Explain the rise of Feudal State.

Part D
9.
10.

Write an essay on Welfare State.

Discuss the evolution of State.

28

Chapter 2

THE ORIGIN OF THE STATE

Political thinkers have attempted to explain the origin of
the state in various ways. When, where and how the state came
into existence have not been recorded anywhere in history.
Therefore, the political thinkers were compelled to adopt various
hypotheses, many of which are now discredited in the light of
modern knowledge. Among the many theories which are concerned
with the origin of the state the following are explained in this
chapter.
1.
2.
3.
4.
5.

The Theory of Divine origin

Social Contract Theory.
Matriarchal and Patriarchal Theory.
Force Theory.
Evolutionary Theory.

2.1 THEORY OF DIVINE ORIGIN

The theory of divine origin is the oldest among all theories.
According to this theory state is established and governed by God
himself. God may rule the state directly or indirectly through some
ruler who is regarded as an agent of God.
The trace of divine origin is seen in the epic Mahabarat.
According to the Mahabarat there was anarchy in the beginning in
the society and the people prayed to God to come to their rescue.
They offered the following prayer. Without a chief, O Lord
we are perishing Give us a chief, whom we shall worship and who
will protect us. It was under these circumstances that God
appointed the king to rule the people.
29

To quote King James I of England,

Kings are justly called gods for they exercise a manner of
resemblance of divine power on earth. Kings are accountable to
God above and only. The people cannot question him for the right
or wrong done by him.
The rise of Christianity and the growth of the power of the
church in the medieval period led to a conflict between church and
state and an active discussion of the divine origin of political power.
All were agreed that the ultimate source of authority was divine
but the supporters of the church say that Pope alone received his
power directly from God.
Kings are breathing images of God upon earth. Even if the
king be wicked, the subject has no right to rebel against him. To
rebel against the king is to rebel against God himself for the God's
chosen Vassal.
The main points in the doctrine of the divine right of kings
may thus be summed up.
1. Monarchy is divinely ordained and the king draws his
authority from God.
2. Monarchy is hereditary and it is the divine right of a
king that it should pass from father to son.
3. The king is answerable to God alone; and
4. Resistance to the lawful authority of a king is a sin.

such worldly things for human beings. The theory is dangerous

because it pinpoints the unlimited and arbitrary power of the kings.
The theory of divine origin of the state advocates only
monarchical form of government. The monarchical form of
government is practically disappearing from the world. No wonder
the theory of divine origin also does not find its supporters in
modern times.
We all believe in the theory of evolution. Everything in the
world has grown up by slow degrees and consequently the same
must have been the case with the state. It is too much to believe
that one day God thought of creating the state and created one.
The theory put emphasis on revelation and not reason. In
modern times we attribute everything to reason and hence it is not
accepted today.
Although the theory has many defects and is no longer
accepted today, it cannot be denied that it had its utility.
The theory of social contract with its emphasis on consent,
was a great deadlock to the theory of divine origin. It was
maintained that state was created by individuals by means of a
contract and not by God. The separation of the church from the
state was also partly responsible for the decline of the theory.
2.2 SOCIAL CONTRACT THEORY

The theory of divine origin has been criticised on many

grounds.

The social contract theory is not only the most ancient but
also the most famous of the theories regarding the origin of the
state. The substance of this theory is that state is the result of an
agreement entered into by men who originally had no governmental
organisation. In the first period there was no government and no
law. The people lived in a state of nature. After some time they
decided to set up a state. That they did by means of a contract.

To say that God selects this or that man as ruler is contrary

to experience and common sense. God cannot be expected to do

The social contract theory described the original condition

of men as the state of nature. To escape from the condition of

30

31

The theory of divine origin was popular for a long time but
later on it began to decline on account of many factors.
Criticism

the state of nature man made a social contract. To some writers the
contract was pre-social and to others it was pre-political.
Writers on this theory are agreed on the point that the state
of nature preceded the establishment of government there was no
organised life in the state of nature. Each lived according to his
own wish and fancies. No man made laws were there to control
man. The law known to men living in the state of nature was the
law of nature or natural law. There was none to interpret the law or
adjudicate. Hence men lived under uncertain conditions.
When men felt the need to escape from this type of life he
did so by common agreement or contract. As a result of this, a
civil society was created. Thus creation of civil society preceded
the emergence of the state.
In the sixteenth and seventeenth centuries the supporters
of the social contract theory multiplied and there was more or less
universal acceptance of the doctrine. Hooker was the first scientific
writer who gave a logical exposition of the theory of social contract.
The theory found real support in the writings of Thomas Hobbes,
John Locke, Jean Jacques Rousseau who are known as
contractualists.

Comparison of Social Contract Theories of

Hobbes, Locke and Rousseau
Principal works
Leviathan (1651)
2. The State of
Nature
Man egoistic moved
by fear, power glory
political equality of
all no question of
right or wrong. Just
or unjust war of all
against all, life,
nasty, brutish and
short.

Civil government
(1690)

Social contract
(1762)

A state of good will,

mutual existence
and preservation
state of peace not
war governed by law
of nature but state
became necessary to
have one standardized interpretation
of law of nature.

Men in state of nature equal self sufficient and contended,

lived life of idyllic,
happiness man actuated by impulse and
not reason, origin of
property creates inequality necessity of
state.

Law of nature does

not represent natural
impulse but a moral
law based upon reason to regulate human conduct.

Law of nature based

on instinct sociability resulting from
feeling and not from
reason.

3. Law of nature

CONTRACTUALISTS
Hobbes

Locke

Rousseau

1588 - 1679

1632 - 1704

1712 - 1778

32

In state of nature
there was no civil
law, law of nature
was regulative of
human action, law
of nature conceived
differently
by
Hobbes to mean different things on different occasions i.e.

33

eign (one, few, or

many) contract unilateral and not binding on sovereign.

(a) it was dicate of

right reason for preservation of life.
(b) It was based on
prudence which dictated that everybody
should try to secure
peace by sacrificing
natural right by
convenants and it
must be respected.

capacity surrender
all
rights
to
A+B+C+D etc as a
corporate whole.

Locke does not conceive of a sovereign

state. His government is limited to
performance of its
duties. The inherent
right of man to life,
liberty and property,
represents a limitation on government.
Locke conceives of
popular and not legal sovereignty.

The corporate whole

that is people as a
whole
are
sovereign. Thus
Rousseau believes
in popular sovereignty. People are
the legal sovereign.
Sovereignty resides
in the general
willof the people.
The characteristics
of this sovereignty
are its unity, individuality, permanencies, in alienability and its absolute
and unrepresentable
character. The government is dependent on the sovereign of the people.

6. Sovereignty

4. Natural Right
Natural right de- Right inherent in
pends upon ones man by nature; natumight
ral rights of man are
to life, liberty and
property.

Man is free in the

state of nature and
enjoys all rights incidental to his person.

5. Social Contract
The individual gives
up all his rights expect on ie right of
defence and self
preservation to a
common sovereign,
social contract creates a common
wealth and a sover-

rights. Not clear

whether locke an
contract creates civil
society or only government. Government limited in authority and not absolute.

Men enter into social contract that is

create a state to have
a common agency
for interpretation
and execution of the
law of nature. Individuals surrender
some but not all the
34

Hobbesian
sovereignty is unlimited, indivisible,
inalienable, absolute
above law, source of
law, justice, property above state and
church has no right
of revolution against
sovereign.

State results from a

contract between individuals in their
personal capacity
and individuals in
their corporate capacity.
A, B, C and D etc.
in their individual
35

Rousseau distinguish between the

sovereign state and
subordinate government.
7. Liberty
In the state of nature
liberty depends
upon the state and is
guaranteed by the
state. It is a gift of
the state and can be
abrogated by the
state. It cannot be
quoted against the
authority of the
state.

A man has certain

rights inherent in
him ie rights to life,
liberty and property
which the state cannot deprive him of

In the civil state individual liberty is a

gift of the sovereign
state. It must be reconciled with the absolute authority of
the state and cannot
be quoted against
the same.

kind of liberty even

in the civil state i.e.
(a) Liberty not to
kill himself if asked
to do so by the sovereign.
(b) Liberty to life
which enables him
to resist the sovereign if the latter attacks his life.
(c) Liberty to
refuse allegiance to
a sovereign who
cannot save his life
or to a deposed sovereign.

8. Individual and
the state

9. State
and
Government

The Hobbesian individual owes everything i.e. rights

peace and law to the
state and is therefore best in the
state. He must obey
the sovereign and
pay taxes. Individual has some

Hobbes does not

distinguish between
state and Government or between
dejure and defacto
sovereign.

36

Locke distinguishes
between state and
government and
state and society.
His theory loads to
limited constitutional government.

37

Rousseau distinguish between state

which is sovereign
and government
which is subordinate creature of the
state.

Rousseau compared with Hobbes and Locke

The social contract theory is unhistorical. It is merely a

Rousseau had drawn something from Hobbes and

something from Locke. In fact he began with the method of Locke
and ended with those of Hobbes. Both Rousseau and Locke agreed
that man in the state of nature was free and happy. Formation of
civil society by means of a contract was deemed the only way out.
Both Locke and Rousseau made the distinction between the state
and government though Rousseau maintained that the institution
of government was not the results of contract. Both believed that
the contract did not remove the supreme power from the people.
Rousseaus voice is the voice of Locke but the hands are those of
Hobbes.

fiction.

Evaluation of Social Contract Theory

2.3 MATRIARCHAL THEORY

The social contract theory as expounded by Hobbes, Locke

and Rousseau does not explain the origin of the state. There is no
evidence to support this theory. The contention of these
philosophers is not borne out by facts. What was contributed by
Hobbes to political philosophy was absolutism. Locke gave
recognition to the concept of limited government. Rousseau
popularised the idea of popular sovereignty.

Mclennan, Morgan and Jenks are the notable exponents of

matriarchal theory. The matriarchal system was prior to the
patriarchal system and tribe. There was no permanent institution
of marriage. A woman had more than one husband and because of
the uncertainty of male parentage kinship was reckoned through
woman that is from mother to daughters.

The social contract theory is also attacked on legal grounds.

It is contended that a legally sound contract implies the prior
existence of some authority and its sanction before the contract
implies the contract is entered into. In the case of social contract
theory there was neither the authority nor the sanction before the
contract was concluded. The social contract theory is also criticised
on philosophical grounds. The social contract theory is criticised
as bad history, bad law and bad philosophy. It is bad philosophy,
because it looks upon the state as an artificial contrivance and not
a natural process of growth.

In the place of a family consisting of a man his wife and

children there was a large and loosely connected group called a
horde or pack organised for matrimonial purposes.

Theory of Social Contract

Criticism
The doctrine that the state originated in a contract was a
favourite home of political speculation during the seventeenth and
eighteenth centuries.
Historically the theory is a mere fiction. There is nothing
in the whole range of history to show that the state has ever been
deliberately created as a result of voluntary agreement. Primitive
man did not posses that maturity of outlook which the making of
social contract presupposes.

38

The matriarchal family developed as indicated below.

1. First there was a tribe and it was the oldest and primary
social group.
2. In course of time a tribe breaks into clans.
3. Clans in their turn give place to households.
4. Atlast comes the modern family.

39

Criticism
The matriarchal theory is more sociological than political.
It seeks to explain the origin of family and not that of the state.
There is no adequate proof in support of the matriarchal
system as the universal and necessary beginning of society.
2.4 PATRIARCHAL THEORY
The Patriarchal theory explains that the state originated
from the patriarchal family or the family in which the pater or
father was the head.
State is an enlargement of the family. Originally the family
consisted of a man, his wife and children. The father was the head
of the family and his control and authority was complete in all
respects over all its members. When his children married there
was expansion in the original family and it led to the establishment
of new families. But the authority of the father and head of the
original family remained as before, and it was duly acknowledged
by all his descendants. This constituted the patriarchal family. The
chief exponent of the patriarchal theory is Sir Henry Maine.

their houses and other relations of all descendants.

howsoever numerous.
5. He controlled not only the business affairs of the group
which he headed but its religion and its conduct.
The family was the primal unit of political society, the
seed led of all larger growths of governments, as Woodrow Wilson
calls it. The single family had developed into several families; yet
all of them were fully conscious of their ultimate kinship. Bound
together by ties of common anchestors, they associated in a wider
common fellowship group, the gens, owing allegiance to some
elected elder - perhaps the oldest living ascendent or the most
capable. Similarly, the gens broadened into the tribe. The pastoral
pursuits gave way to agriculture and settled life on a definite land
became a matter of necessity; land tribes united to form the state.
In support of his statement, Sir Henry Maine cited the
patriarchs of the old testament families and brotherhood of
Athens, the patriapotestos in Rome and the Hindu Joint family
system in India.
Criticism

The following important points may be noted in Maines

Patriarchal theory.

Modern theories show that the patriarchal family was not

universal, the patriarchal theory was subjected to severe attacks.

1. In the Patriarchal family the element of paternity was

the chief fact.
2. Descent was traced not only through males and from
the same ancestor. None of the descendants of a female
was included in the primitive notion of family
relationship. Kinship was accordingly, purely negative.
3. Permanent marriage was the rule whether monogamy
or polygamy
4. The Head of the family was the basis of all authority,
and his power was unqualified over his children and

Patriarchal and matriarchal theories are in essence

sociological rather than political theories.

40

Stephen Leacock says nonetheless, both the theories

sufficiently establish that family is the original link in the evolution
of the state.
Both these theories do not satisfactorily explain the origin
of the state. Matriarchal and patriarchal could have been prevalent
in certain early societies. But it is wrong to assume that the creation
of state was occasioned by these systems. There was not substantial
proof to support the universal validity of these theories.
41

2.5 FORCE THEORY

The Historical or Evolutionary theory

According to this theory, the state originated due to force

exerted by the strong over the weak. The idea contained in the
statement is that war begat the king. The same view is expressed
by Hume, Oppenheim, Jenks-Bernhardy and Trietschke are the
exponents of force theory. A number of rulers also believed in this
theory. The powerful conquered the weak state is the outcome of
the process of aggressive exploitation of the weaker by the stronger.
Might without right is antagonist to individual liberty.

We have so far discussed five theories in explanation of the

origin of the state, but no single theory offers an adequate explanation.
The theory which explains and is now accepted as a convincing origin
of the state, is the Historical or Evolutionary theory. It explains the state
is the product of growth, a slow and steady evolution extending over a
long period of time and ultimately shaping itself into the complex structure
of a modern state. This theory is more scientific.

There were other factors besides force which helped the

expansion of the state. Similarly force alone is not the basis of
state and it cannot be maintained by force.
Criticism
Force indeed has played an important part in the origin and
development of the state. Some of the greatest empires of today
have been established through blood and iron.
The theory of force unduly emphasis the principle of the
survival of the fittest. It means that might is right and those who
are physically weak should go to the wall. It is dangerous to employ
such a principle in the internal existence of the state. Every state
will be at perpetual war with the rest. This is a condition of chaos,
pure and simple endangering the peace and security of the world.
The attention and efforts of every state will be directed towards
war preparedness and to win the war if it comes. War which is an
alias for murder, glorifies brute process, suppressing the moral
forces. This is the mean self of man and not his real self.
This theory justifies despotism. It is opposed to the idea of
freedom. It is too much to believe that the state is created and
maintained by sheer force and the spiritual and moral values have
absolutely no place in life.

The state is neither the handiwork of God, nor the result of

superior physical force, nor the creation of evolution or convention,
nor a mere expansion of the family. The state is not a mere artificial
mechanical creation but an institution of natural growth or historical
evolution says professor Garner.
There were a number of factors which helped the evolution
of the state. They were kinship, religion, war, migration economic
activities and political consciousness. The important factors which
contributed to the growth of the state are
1.
2.
3.
4.
5.

Kinship
Religion
Property and defence
Force
Political consciousness

Kinship
Kinship is the most important and was based upon blood
relationship and kinship was the first strongest bond of unity. Family
constituted the first link in the process of the evolution of the state
with the expansion of the family arose new families and the
multiplication of families led to the formation of clans and tribes.
Kinship was the only factor which bound the people together.
According to Professor Mac Iver, the magic of names

42

43

reinforced the sense of kinship, as the course of generations enlarged

the group. The blood bond of sonship changed imperceptibly into the
social bond of the wider brotherhood. The authority of the father passes
into the power of the chief once more under the aegis of kinship new
forms arise which transcend it. Kinship creates society and society at
length creates the state.
Religion
Religion provided the bond of unity in early society. It also
affected all walks of life. The worship of a common ancestor and
common goods created a sense of social solidarity. There was fear
in the hearts of men as far as religion was concerned. Even today
we see religious practices, affairs and faith in uniting people. In
the early days a number of races are united by religion and unity
was essential for the creation of state.
Force
Force also played an important part in the evolution of the
state. It was the use of physical force that was responsible for the
growth of kingdoms and empires.

Political consciousness
The last is political consciousness arising from the fundamental
needs of life for protection and order.
When the people settle down on a definite territory in pursuit
of their, subsistence and a desire to secure it from encroachment by
others. The need for regulating things and persons is felt imminently and
this is the essence of political consciousness.
Conclusion
It follows that many factors helped the growth of the state. No
single factor alone was responsible for its origin. Sometimes all and
sometimes many of them help the process by which uncivilized society
was transformed into a state.
Of all the theories which seek to explain the origin of the states,
the evolutionary theory is the most satisfactory. It should be noted that
no theory pin-points the time at which the state originated as a
consequence of many factors working in union at different times.

Property and Defence

Property and depence played a vital role in the evolution
of state in ancient times particularly among the people who were
nomads and wagabonds and tribals. Prof. Laski has referred to the
necessity of acquiring property by the members of society and
protecting the property aequired with reference to the population
mentioned above.
This led to making adjustments in the social system and
relationship between the members of different groups. The need
to protect property ultimately compelled the ancient people to
establish the state.

44

45

EXERCISE
Part A
I. Choose the correct answer
1.

2.

Social contract theory found the support of

(a) Jenks
(b) Morgan
(c) Rousseau (d) Sir Henry Maine
The theory which pictured the state of nature
(a) Divine theory (b) Force theory
(c) Matriarchal (d) Social contact theory

II. Fill in the blanks

3.

Kings are _____ images of God upon Earth.

4.

State is the _____ of the family.

5.

War _____ the King.

6.

Survival of the _____ is not justifiable today.

7.

Kinship was the first _____ bond of unity.

III. True or False

8.

The theory of Divine origin is a modern theory.

9.

Permanent marriage was the rule whether monogamy or

polygamy in matriarchal theory.

10.

Part B
15.

Define Divine right theory.

16.

What is meant by force theory?

17.

What are the theories which explain the origin of the state?

18.

Define Matriarchal theory.

19.

Define Patriarchal theory.

Part C
20.

What are the doctrines of Divine right of Kings?

21.

Evaluate the social contract theory.

22.

Explain Sir Maine theory.

Part D
23.

Explain the views of Hobbes, Locke, Rousseau regarding

social contract theory.

24.

What are the factors which influenced the social contract

theory?

25.

What are the factors which helped in the evolution of

the state?

Evolutionary theory is merely scientific.

IV. Match
11.

Matriarchal

Agreement

12.

Patriarchal

King

13.

Divine

Mother

14.

Social contract

Father
46

47

Chapter 3

NEW POLITICAL SCIENCE

3.1 MEANING AND NATURE OF THE CONCEPT
Political science is the study of State craft. It involves the
study of structure and process in government. Accordingly, political
scientists may study social institutions such as:
1.
2.
3.
4.

Corporations
Unions
Churches
Organisation

Jean Bodin (1530-1596) a French political philosopher

coined the term political science. Political scientists study the
allocation and transfer of power in decision-making. Political
science seeks both to advance positive theses, by analysing the
politics, and to advance normative theses, by making specific policy
recommendations. In traditional political science, knowledge is
based on mental construction and thus it is value-oriented.
Traditional political theories are based on assumptions and enquires
and the personal experiences of the authors. However, the new
political science is based on scientific enquires and supported by
reliable data. The scientific outlook of political science came as a
result of Behavioural Movement which started in 1950s.
The science of politics was found in the behavioural
revolution of the 1950s. Only then did many members of the
discipline accept and become comfortable with the scientific
identity of the discipline. Behaviouralism established an agreed
upon methodology which was value-free and emphasised
48

quantification to aid in prediction of political behaviour. Though

this has changed in some respects since the behavioral revolution,
the positivist model of science still maintains the scientific identity
of the discipline. The scientific identify to the discipline has resulted
in marginalisation of normative political theory. In fact,
behaviouralism called for an end to normative political theory since
it did not aid the empirical science of politics
The study of politics started to become a professional
pursuit, sanctioned by professional associations.
Examples:
1. International Political Science Association
2. Indian Political Science Association.
3. Indian Institute of Public Administration
4. American Political Science Association.
This trend toward professionalism in the field of political
research became clearer during the behavioural revolutions move
to pure science. With behaviouralism, the discipline settled on
scientific identity, an identity that has changed little since its
inception.
Political scientists believed that a scientific, disciplinary
and professional identity of the discipline would seek true
knowledge about politics. Scientific method would allow political
scientists to arrive at objective, value-free truth about certain aspects
of politics in order to aid a modernising polity in a purely technical
way. There could be no normative goals in a value-free science.
The professional identity of the political scientist became
the starting point for new political science. Political knowledge
was to be implemented in the governmental system. Political
scientists such as Charles Merriam and Harold Lasswell are social
engineers whose purpose was the rational supervision of political
actors to order and control a logical, new political society.
49

The new political scientists saw citizens as objects of

study and observation. The ultimate question for the new political
scientists became how to motivate public opinion to support the
liberal democratic State. They operated on the presupposition that
humankind was perfectible and thus that a reliance on scientific
political knowledge would help to cure societal and political ills
permanently. The political scientist constructed political knowledge
that could be applied in a technical way to governmental functions.
In his scholarly work Merriam demanded that political
science become more rigorously scientific approach. He saw the
development of a scientific technique and methodology for political
science as a necessity to avoid speculation and guesswork.
Merriam viewed the physical sciences as attempt to benefit,
preserve and perfect civilisation, and he reserved a place for
political science in this process. He consciously sought to control
the evolution of intelligence and human behaviour, through civic
education, to instill democratic values in citizens in the move
towards the perfection of society and humankind.
Behavioralists like Heinz Eulau and David Easton
championed behavioural research and paved the way the emergence
of New Political Science. The following are the characteristic
features of New Political Science.
1. Political science should search for regularities in
political behaviour in order to facilitate prediction and
explanation.
2. Political science should concern itself with empirical
political phenomena, that is, with the behaviour of
individuals and political groups;
3. Data should be quantifiable in order to aid predictive
capabilities;
50

4. Research should be theory driven, in other words,

research should begin with a theory that yields
empirically testable hypotheses;
5. Political scientists should research in favor of pure
scientific research;
6. Values such as democracy, equality and freedom cannot
be scientifically established and should thus be avoided
unless they can somehow be made empirically testable;
7. Political science should become more interdisciplinary;
8. Political science should place more emphasis on
methodology and make better use of multivariate
analysis, sample surveys, mathematical models and
simulation.
From Eulaus view, macro level analysis aimed at
institutions, while micro analysis focused on individuals. Eulau
located the science of politics in the study of political behaviour
micro and macro level distinctions. Such a science would ideally
be empirical and focused on finding uniformities and regularities
in political behaviour. The careful documentation of regular and
uniform behaviour would help to explain and eventually predict
institutional influences on behaviour, and vice-versa.
According to Eulau, political scientists should seek to
quantify their data and their results. Quantification, using the most
advanced research technology, empirical methods and testable
hypotheses, introduces exactitude and reliability to political
knowledge. Eulau argued that quantification allows political
scientists to be more certain about the legitimacy of political
knowledge. Political knowledge, realised through behavioural
methods, emphasises reason.
51

3.2

USES OF POLITICAL POWER

What is political power?

Political power according to Max Weber is a prize that is

held by the dominant class in historical society, and in modern
society it is held by the forces of wealth. Though there is conflict
in modern society, sometimes status groups and most often political
associations and parties hold political power.
Politics and political institutions are the most important
institutions in society. As a concept, politics tells us so many things
because we are experiencing power relations in our daily lives.
For instance, even between parents there are power relations. So
in society, there are micro politics and macro politics. Micro politics
is seen in our daily lives. Macro politics refers to power relations
that emerge at the institutional level.
Political sociology is a discipline that studies the
relationship between the state and the society. In order to understand
power we must understand the relationship between person A and
B. If A makes B to do something even if B does not want, A would
have a certain power on B. In that sense, power is a very important
concept. In other words, authority means legitimate power. For
example, every political leader would like to have an authority
over his people because these political leaders would like his people
to believe in him so in that sense if political leaders can make
people to believe in him, they would have a legitimate power.
Power, legitimacy, and authority go together. Power takes
many forms and it is the ability to make others do things even if
they dont want to do it. Authority is like power; the only difference
is that it is power that is supported by institutions. Where there is
only power with no authority, then you need to have legitimacy to
create trust and establish authority.

52

Power and authority are two basic concepts that guide the
thinking of political sociologists.
Powers refers to the capacity of a person, group, and institution
to be able to manipulate and shape the views and actions of people (ex:
parents and children - governments and taxes)
Authority is like power except that it always refers to a set of
institutions in which it operates (set of institution that backs up the power
for example the bully and muscle power)
Social institutions operate to establish the set of rules that
provide guidance to our lives, these rules represent authority. (Ex:
University and Professors)

Charismatic authority receives its power from the

persons charisma. A charismatic would
communicate his people easily. It means having
a certain types of properties that he can have
some abilities. In the modern world, we are
talking about legal-rational authority from the
constitution. These concepts of authority,
power, force are interrelated.

Max Weber
1864-1920

What is Elitist theory?

The word elite means a superior group in a society. Elitist
theory explains a certain group with a high qualification, ability,
and privilege position.

When large scale institutions fail, power takes over (USSR).

And for the construction of durable authority, legitimacy is required.

Pareto defines the concept of Elite as:

In short, the important characteristics of state are power,

authority, and legitimacy. And though power takes different forms
(coercion, influence, and control), power is exercised with authority
and it is basically the ability to impose ones will.

1. There is always inequality in every society

2. In every society there are the elites in minority that
rule the majority Elite group is divided into two: the
ruling elites and the non-ruling elites. This creates
a social balance called the condition of equilibrium.

3.3

NATURE AND IMPORTANCE OF AUTHORITY

According Max, Weber, there are three types of authority:

Elitist theory is a concept used to explain a certain group

with a high qualification, ability, and hence within a privileged
position.

T ra d itio n al A u th o rity

A u th o rity

C h a rism a tic A u th o rity

L eg al-ratio n al A u th o rity

Traditional authority is seen in traditional societies such as

kingdoms and empires. It receives its power from the tradition.
53

According to Pareto the concept of Elite is defined in two

ways:
1. There are always privileged people in every society.
This means that inequality is inevitable in social life
(social stratification).
2. In every society there are elites in minority and masses
that are ruled in majority.
54

The Elitist theory argues that the important decisions in liberal

democracies are taken by a single ruling elite rather than being the
outcome of competition between groups within society. The main tenets
of Elitism, as adapted from Robert Michaels work include the following
principles;

Within all societies there exist one, or a few sets of

powerful controlling elites. Regardless of the nature
of the government or the economy, there is always
oligarchy. The masses cannot and do not govern
themselves.

Although the elites are always a minority of the

population, they control a large proportion of the
available resources, are usually well organised, and
co-heisve. Power is centralised in the hands of the
elite members.

Elites commonly employ all available means to protect

and preserve their power and to enhance it wherever
possible. They share power with others only when it
is in their self interest, and they never voluntarily
surrender power.

To rule their society, elites employ a variety of

techniques. These include dominating the economy,
using police and military force, manipulating the
educational system and the mass media, sanctioning
or eliminating those who oppose them, and creating
ideologies that legitimise their power and rule.

Elites use their available means and their position of

power to advance their own interests or the interests
of their agency.

Two basic points which the elitist theorist refuses Marxism

theory:
55

Theory of social classes claims:

1. Marxist Dominant class is wrong because in modern
industrialised societies there is a continuous elite
circulation
2. Classes in society is important because social
stratification exist in every society.
Basic contradiction between democratic and elitist theory:
1. Elitist theory says there is inequality in every society
(social stratification) but democratic approach says
there is equality
2. Elitist theory says that elite minority (chosen few)
dominates but democratic approach says that majority
rules
Robert Michaels bureaucratic authoritarian regime.
Robert Michaels explained about the growing nature of
bureaucratic regimes in modern welfare states.
1. The exercise of political rule by a small group of
leaders, often backed by the military.
2. The reliance of the political rulers also on a large group
of technical personnel (technocrats), who exercise
much of the daily control over the operations of the
society.
3. Boosting the economic growth of society when there
is stagnation.
4. The repression of different classes, especially the
increasing middle class.
Non Elitist Theory of Karl Marx
Marxist theory represents one of the earliest attempts to explain
distribution of political power in a society. According to Karl Marx
political power in every civilised society is unevenly distributed. The
56

ruling class monopolises the political power by

the ownership of the means of production. Thus
the political leader represents the dominant
class. Socio-economic factors are the
determinants of the distribution of political
power. The social order however, is marked
by a perpetual conflict between the ruler and
ruled classes. This conflict is conditioned by
the development of productive forces. This
Karl Marx
conflict is the basic reason behind the
1818-1883
polarisation of classes between the capitalist
and the working class. The nature of conflict
determines changes in the distribution of power. Thus the Marxist theory
is economic determinism. It seeks to intensify class conflict. It preaches
violent revolution. Therefore, it was natural for the thinkers of the other
world to challenge Marxist theory.
3.4

NATURE AND USES OF INFLUENCE

Political sociology deals with political power, its influence and

distribution. A person in modem society is resourceful to the extent he
influences the behaviour of other persons. Thus power is judged by the
exercise of influence. Influence is a persons capacity to effect the
behaviour of others. This is not only in keeping with their choice but
mostly, even against it. Defining the nature of influence Harold De
Lasswell and Abraham Kaplan point out, The weight of influence is
the degree to which policies are affected; the domain of influence, the
persons whose policies are affected; the scope of influence; the values
implicated in the policies. Thus the weight of the influence is judged by
the amount of change in the position of the actor influenced. Sometimes
the compliance on the part of the influence is very high. In such situations,
the power holder requires little effort to exercise influence.

very low requiring force to impose power. This is known as coercive

influence. Generally, political power has been termed as coercive
influence. It is the use of threats or sanctions to influence others. These
threats may be accompanied y possibilities of injuries and rewards.
While penalties or punishments are negative sanctions to power, rewards
are positive sanctions.
Capacity to influence
Thus power may be defined as the capacity to affect others
behaviour by the user or the threat of the use of negative or positive
sanctions.
Relational
Power, is basically relational, it is not a personal property.
Power is exercised only in relation to others. It has been defined as
the capacity to affect others behaviour. Political power is essentially
relational. It presupposes social relation between the power holder
and the power addressee. The type of social order is that in which
power holder d the power addressee. The type of social order is it
in which power relation exists, besides the power sis, the power
sanctions the reaction of the power addressee etc. For example,
these may be found to differ essentially in rural and urban societies.
Political power is the power which operates within the periphery
of the state and its institutions. It is based on the power of the state.
However, the essential nature of the power of the state is not
different from power found at any level of society. Therefore, power
is judged in the perspective of social variables. Political power is
conditioned by the social process. It changes according to the
variations in the nature and working of the social.

Coercive
On the other hand in other instances the compliance may be
57

58

Exercise
Part A
I. Choose the correct answer
1.

Paying Income Tax signifies

(a) Traditional authority
(b) Rational - legal authority
(c) Charismatic authority
(d) All the above

2.

Who first coined the term Political Science?

(a) Aristotle
(b)
Plato
(c) Jean Bodin
(d)
Adam Smith

II. Fill in the blanks

3.
4.

Political analysis of individual behaviour is ______

Types of authority is explained by ______

III. True or False

5.
6.

Normative political science is value - free.

New Political Science is behavioural analysis.

Part B
7. Define Behaviouralism
8. What is New Political Science

Part C
9. Explain the meaning of Power.
10. What is authority?

Part D
11. Evaluate the non - elitist theory of Karl Marx.
12. Differentiate between power and authority. What are the
types of authority?
59

60

Chapter 4

CHALLENGES TO STATE
SOVEREIGNTY
Sovereignty has been considered as an important element
of the State. Every independent nation in this world posses
sovereignty. Generally speaking sovereignty is broadly divided into:
1. Internal sovereignty and
2. External sovereignty.
Internal sovereignty of a nation signifies that it is internally
supreme to any type of associations or groups. External sovereignty
denotes that a particular nation is not legally bound to any other
nations except international bodies such as UNO and International
Court of Justice. As regards the internal sovereignty within the
State itself, it is absolute. The sovereign can make any law it pleases.
According A.V. Dicey there are two limitations on
sovereignty. The external sovereignty is limited by citizens disobey
or resists the laws. The internal sovereignty is limited by the very
nature of the sovereign power. Today, the very essence of both
internal and external sovereignty of nations are challenged. There
has been a constant threat to the sovereignty of the nation. Such
threat came as a result of neo-colonisation or globalisation of world
economy. Many political scientist felt that there are visible and
invisible factors contributing to the erosion of national sovereignty.
4.1 EROSION OF NATIONAL SOVEREIGNTY
The world today is aptly described as a Global village in
which a web of information networks interconnects individuals as
well as organisations and governments. The global village is a world
60

that is increasingly interconnected buy communication technologies

and that is tending toward a global culture. Driven by technological
and economic forces, globalisation gathered momentum since
1990s. The process of globalisation has been initiated originally
to protect the economic interests of G-8 nations as well as to expand
the market areas for the Multinational Corporations (MNCs). Since
1990, there has been a tremendous increase in number of MNCs.
During 1990, there were only 3000 MNCs and this has increased
to 63,000 today. After the collapse of the Soviet Union and the
formation of European Community, there has been a phenomenal
growth in MNCs doing business across national borders.
Besides economic integration of nations, there has been an
increase in number of Transnational Non-governmental
Organisations (TNGOs).
Examples :

Amnesty International
International Committee of the Red Cross
Doctors without Borders
Green Peace

The availability of inexpensive and very fast

communications technology has made it easier for such groups to
organise and to make impact on public policy of a nation. It is felt
that such influences of NGOs as a threat and erosion of internal
sovereignty of weak nations. Another powerful source for the
erosion of national sovereignty originate from the International
Monetary Fund (IMF) and other multilateral financial institutions.
These institutions imposses conditionality agreements that involve
not only specific economic target but also domestic institutional
changes.
The European Union (EU) is inconsistent with conventional
sovereignty rules. The members of European Union have created
supranational institutions.
61

Examples :

European Court of Justice

European Commission
EU Council of Ministers

These supranational bodies can make decisions opposed by

some member states. The European Monetary Union (EMU) created
a central bank that controls monetary affairs of member sates. The
Single European Act and Maastricht Treaty are fundamentally contradict
traditional understanding of sovereignty because they have undermined
the juridical autonomy of its individual members.
Globalisation in relation to national sovereignty reflects a multidimensional concept. It implies an interdependence of a growing number
of aspects of economic and cultural life. In addition to economic
interdependence (Trade, Finance and Direct Investment) there are
educational, technological, ideological, cultural, as well as ecological,
environmental, legal, military, strategic and political impulses that are
influenced in the context of globalisation. There has been free movement
of goods and services across national borders. Immigration rules are
relaxed for free movement of skilled persons across nation. Many
software professionals migrated to USA and opted both for permanent
residency status and citizenship. Many Non-Resident Indians (NRI)
claim for dual citizenship. In such changed world scenarios, the
operation of states is more complex. The integration of world
economy and the migration of people across national borders has
impinges increasingly on national sovereignty. National sovereignty
is divided among a number of agencies such as national, regional,
and international. The development of international trade laws and
the emergence of supranational organisations have paved the way
for erosion of national sovereignty. The sum total of the various
elements of globalisation has left the individual sovereign state
less and less focus on policy and control. Supranational
organisations such as WTO, EU, NAFTA, WB and IMF become more
significant players in influencing the policy of nations and thus attacking
62

the national sovereignty. Globalisation, thus, placing State sovereignty

under strain, as international rules and institutions appear to become
more instructive, transnational NGOs more active and state control is
less pronounced. State sovereignty as a normative concept is
increasingly challenged by the process of globalisation. The sanctioned
use of legitimate violence by the national sovereign power is now
challenged and influenced by International NGOs.
Privatization and liberalisation are the two watchword for
globalisation. The support for privatization of services hitherto
rendered by government has been gaining momentum in all the
developing nations. The success of privatisation of services in South
Korea has led other Asian nations to move towards limited
government and liberalised economy. Liberalised economy was
introduced in India since 1991 and many of the public sectors were
privatised. The Indian government monopoly over certain
productions and services were relaxed. The spirit of free
competition has led many MNC's to enter India and do business.
The MNC's inturn influences the national and regional
policies for their easy and successful operation. The erosion of
national sovereignty has been more prounced due to the
privatisation and the shedding of State obligatory functions
worldwide in service provisions, distribution and production.
Corporate managers and non-citizens are the new policy makers
in the context of globalisation. The shrinking responsibilities of
states and the expansion of private sectors has led to debureaucratisation. Only regulatory functions are allocated to State.
For instance in India, since 1991 the license raj has been
controlled.
The primary goal for globalisation is economic integration
of the world and it therefore failed in political and cultural
integration. This resulted in cultural awakening of groups which are
against universal culture (American-Western culture). As opined by
Samuel. P. Huntington, the process of globalisation has initiated the
63

clash of civilisations. He adds that civilisation fault lines may lead to

civilisation conflicts. There is no meaning for national sovereignty in
conflict resolutions based on civilisational conflicts. In such situation
national boundaries will be redrawn and national sovereignty may be
redefined.
Many social scientists believe that globalisation erodes national
sovereignty in terms of :
(a)
(b)
(c)
(d)
4.2

Forces of fundamentalism
Neo-colonialism
Civilizational conflicts and
New politics.

GLOBALISATION AND CHALLENGES TO STATE

SOVEREIGNTY

There is link between globalisation and State sovereignty.

Globalisation refers to a process of removing government imposed
restrictions on movements between countries in order to create open,
borderless, world economy. Globalisation, thus, has powerful
economic, political and social dimension. National sovereignty and
national borders has its limitations in the
globalised economy. The management guru
Peter Drucker observed that in a
globalised economy, national boundaries
have largely become irrelevant.
Sovereignty of a nation in a globalised
economy can be protected by the
following ground realities.
1. Predominant industrial
society.
2. Near equal society.

64

3.
4.
5.
6.
7.
8.

Democratic political institutions.

International economic bargaining powers.
Presence of civil societies. (NGOs)
Knowledge based society.
Advanced information technology.
Appropriate distributive mechanism for the distribution of
the benefits gained through globalised economy.
9. Adequate Social Security measures for workers.
10. Limited role for bureaucracy and to extend welfare
functions of the State.
In the absence of the above said features, the introduction
of globalisation in a nation has been considered by many critics as
surrendering the national sovereignty to MNCs. In India, the
globalised economy has been build on socialistic foundation. In
the context poverty, illiteracy and inequality, the introduction of
liberalised economy will lead to mass protest and labour unrest.
The sovereignty of the nation has given way to the concepts of
supranational and extra-territorial regimes like IMF and WB.
Further, these changes are being legitimised through international
treaties and national policies.
The role of the State as protector and guarantor of human
rights has also undergone significant change. States authority in
this regard has been partially transferred to the universal codes
regarding human rights. Several supranational institutions have
appeared which have assumed responsibility for the protection of
human rights and thus greatly undermined national sovereignty
and citizenship.
Immigration by the highly developed countries has resulted
in creation of contradictory legal regimes. It has been observed
that often the corporate sector, backed by national governments of
65

developed countries, has supported the removal of restrictions on crossborder flows of people, to protect and promote its financial and staffing
interests. Despite this the domestic regimes have tried to uphold states
long established sovereign right to regulate the entry of all aliens to its
territory.
The State sovereignty has been greatly undermined with the
domestic courts increasingly invoking human rights covenants in defence
of individual rights. As a result, the foundations of state sovereignty and
nationality are being redefined. In the course of time, the meaning of
citizenship may be diluted and the distinction between citizen and alien
may be blurred. One scholar has observed, the sovereignty of nations
becomes invalidated, and their development determined more by the
compulsions of the market place and less by their own national needs
and priorities. National social contracts are abrogated with impunity;
and international contracts are negotiated and enforced through a variety
of instruments for covert and overt action.
From our analysis of the impact of globalisation on national
sovereignty, it is understood that the benefits of globalised economy
has positive sign of development for developed nations than the
developing and under developed nations. When the developing
and under developed nations introduce economic liberalisation and
privatisation it may seriously undermine the national sovereignty.
The general impact of globalisation on national sovereignty of
developing nations are listed as follows:
1. Multinationals can impact upon communities in very
diverse places. First, they look to establish or contract
operations (production, service and sales) in countries
and regions where they can exploit cheaper labour and
resources.
2. It can also mean large scale unemployment in those

66

communities where those industries were previously

located.
3. Multinationals seek out new or under-exploited markets.
4. Multinational companies can also have significant influence
with regard to policy formation in many national
governrnents and in transnational bodies such as the
European Union and the World Bank (key actors within
the globalisation process). They have also profited from
privatisation and the opening up of services.
5. Another outcome of globalisation has been a huge increase
in salaries of senior managers, accountants, lawyers and
public-relations personnel working for MNCs or the local
competitors.
6. A major causality of this process has been a decline in the
power of national governments to direct and influence their
economies (especially with regard to macroeconomic
management).
7. Developments in the life sciences, and in digital technology
and the like, have opened up vast, new possibilities for
production and exchange. Innovations like the internet have
made it possible to access information and resources
across the world -and to coordinate activities in real time.
8. Knowledge has become perhaps the most important factor
determining the standard of living -more than land, than
tools, than labour. Todays most technologically advanced
economies are truly knowledge-based.
9. Large multinational corporations still have considerable
economic and cultural powers.
Examples: Coca-Cola, NIKE, Mac Donald, and LEVIS
10. Indian industrialists who have so far failed to invest in
67

research and development and are losing the battle for

market share are also becoming amenable to
globalisation in the fond hope of partnering with an
MNC that will enable them to stabilise or expand their
sinking business ventures.
Advocates of globalisation have often made the claim that
globalisation rather than destroy Indian industry would instead
accelerate the growth of new industry and cause Indias economy
to grow faster. But a detailed analysis of Foreign Direct Investment
(FDI) in the last few years indicates that a sizeable portion of this
investment has not gone into the creation of new productive
capacities.
Globalisation and Indian Culture
Western cultural influence in India is especially notable
because Indians generally value the maintenance of uniquely Indian
identities. Indian culture is what Samuel Huntington describes as
a strong culture, meaning, in part, that Indian culture is able to
withstand an influx of outside cultural ideas and products without
losing its own internal identities. Indian resistance to globalisation,
for example, has been strongest in regard to foreign goods and
services that most strongly symbolize and reinforce cultural values
and personal identities. Whereas Western management techniques
and business practices were quickly integrated into traditional
lifestyles in the growing Indian software industry, most Indians
continue to eat indigenous foods, watch local movies and TV, and
to wear traditional clothing. Western companies in the vast Indian
consumer market, therefore, have faced difficulty successfully marketing
their products.
Views of Amartya Sen
Amartya Sen has argued that the market economy does not
work by itself in global relationsindeed, it cannot operate alone even
within a given country. Significant was the growth in influence of neo68

liberal ideologies and their promotion by powerful politicians like Reagan

in the USA and Thatcher in the UK. Development with human touch is
the need for developing nation like India. Under globalisation, the
economic and political sovereignty of a nation should no be surrendered.
A balanced approach is needed for both market economy and welfare
economics.
Multinational Corporations (MNCs), with
the collaboration of Bretton Woods Institutions
(World Bank, International Monetary Fund) and
the World Trade Organisation (WTO) have
imposed their strategic plan through the General
Agreement on Tariffs and Trade (GATT). The
strategy is to allow MNCs free access to all
countries, removing all trade restrictions.:
IMF and World Bank strategic plans:
l
l

Lifting restrictions on entry of foreign investors

The Bretton Woods institutions for their part continue to be

made the centre of gravity for the principle economic decisions that
affect the developing countries.
An audit of the performance of the Indian economy after reforms
were initiated in July 1991 fails to reveal any spectacular achievements.
The opening of the economy to foreign capital has not succeeded in
attracting a significant flow of capital or technology into the country,
especially into the productive.
The World of Information

Amartya Sen

l
l
l
l
l

Reduction of budgetary subsidies

(b 1933)
Removal of subsidies for
agricultural inputs
Removal of food subsidies
Pursuance of liberal economic policies
Promotion of foreign investment
Import liberalisation
Privatisation of the banking sector

l
l
l
l
l
l

Reduction of subsidies
Reduction of support for domestic agriculture
Removal of PDS (food subsidies)
Pursuance of free trade by developing countries
Removal of restrictions on MNCs in utilities industries
Removal of barriers on imports

WTO

69

The information revolution is destroying the nation state and

promoting regional confederations of city-states. Whereas the industrial
Revolution was a centralizing force, the Information Revolution is a
decentralising force.
Evaluation
The old map of states is being shaken by the roots-some states
have fallen to pieces, some have formed massive trading alliances, most
in the west seem to be yielding sovereignty to the world of globalisation
and market forces, and all are yielding large areas of social and economic
responsibility to the private and not-for-profit sectors. At the same
time across recently collapsed or vanished empires in Africa, the former
USSR and Yugoslavia, we may observe the very worst aspects of
nineteenth-century nationalistic chauvinism and intolerance, the
resurgence of ethnic animosities among, for instance the Kurds, the
non-Moslems of the Southern Sudan or the Chinese in Tibet.

70

Exercise
Part A
I. Choose the correct answer
1.

What is Knowledge Society?

9.

Define Information Technology?

Part C

Public Sector
Private Sector
Multinational Corporation
Limited Company

National Sovereignty has been challenged by

(a)
(b)
(c)
(d)

3.

8.

Coca-Cola is a
(a)
(b)
(c)
(d)

2.

Part B

G-8 nations
European Union
International financial institutions
G-77 nations

10.

What is Global Village?

11.

Explain Open Economy.

Part D
12.

Bring out the major impact of globalisation on India.

13.

What are the major challenges faced by developing nations

in this globalised world.

Globalisation mainly signifies

(a)
(b)
(c)
(d)

Economic integration
Political integration
Social integration
All the above

II. Fill in the blanks

4.

India is a ______ nation.

5.

Samuel P. Huntington discussed about ______ conflicts.

III. True or False

6.

India is grouped under G-8 nations.

7.

India is a member of European Union.

71

72

Chapter 5

FORMS OF GOVERNMENT
Introduction
Government is one of the essential elements of the State.
It is the working agency of the State. The importance of the
Government in modern times is highly felt. Attempts have been
made from time to time to classify the various forms of
Government.

F orm s of G ov ern m en t

D icta to rial

D em o cra tic

P resid en tia l

U n ita r y

P a rlia m en ta ry

F ed era l

U n ita r y

74

F ed era l

The classification of Governments as explained by

C.F.Strong may be represented through the following table:Sl.
No.

Source of
Classification

The above classification of C.F.Strong on forms of

government is wholly concerned with the formal structure of the
state.
5.1 UNITARY

I.

Jurisdiction of
governmental
powers

Democracy

Dictatorship

II.

(a) Nature of the

State

Unitary State

Federal State

(b) Nature of the

Constitution

Flexible

Rigid

(c) Nature of
Constituency

(i) State having

(i) States having
universal
limited voting
franchise system
system

Definition

(ii) States having

single-member
constituencies

(ii) States having

multi-members
constituencies

GARNER: Where the whole power of government is

conferred by the constitution upon a single central organ

States having
Bicameralism

States having
Unicameralism.

III.

(a) Nature of
Legislature

(b) Structure of the States having

Legislature
Elected Members in
Upper Chambers

States having no
elected Members
in Upper
Chambers

IV.

Nature of
Executive

Presidential form
of Government

V.

Nature of Judiciary States having Rule

of Law.

Parliamentary and
Responsible form of
Government

75

States having
Administrative
Law.

A unitary form of government is one in which all the powers

are concentrated in the hands of the central government. The central
government creates local units for administrative convenience and
delegates to them such power as it deems necessary. These local
units are called local governments.
England, France, Japan, SriLanka are examples of Unitary
governments.
Some leading writers defined unitary government as
follows:

A.V.DICEY: Habitual exercise of supreme legislative

authority is by one central power
C.F.STRONG mentions two important qualities of the
Unitary Government. They are:1. The supremacy of the central government;
2. The absence of the subsidiary sovereign bodies.
The distinction between subsidiary law-making bodies and
subsidiary sovereign bodies is the distinction between the local
authorities in a unitary state and state authorities in a federal state.
MERITS
1. There is unity, uniformity of law, policy and
administration.
76

2. There is no conflict of authority and responsibility.

3. A unitary government will make prompt decisions and
take speedy action.
4. A unitary government is less expensive.
5. Amendments to the constitution are easy.
6. Suitable for small countries.
DE-MERITS
1. The concentration of powers may pave way for the
despotism of the central government.
2. The central government will have to tackle so many
complex problems that they have no adequate time to
devote to local affairs.
3. The central government will not be acquainted with
local problems, local interest and initiative.
4. It is not suitable for big countries.
5.2

FEDERAL

The term Federation is derived from the Latin word

foedus meaning treaty or agreement that is agreement between
central government (federal government) and the state
governments.
Prof. Dicey defines federalism as a political contrivance
intended to reconcile national unity with the maintenance of state
rights.
Federalism is the theory or advocacy of federal political
order, where final authority is divided between sub-units and a
centre. Unlike a unitary state, sovereignty is constitutionally split
between at least two territorial levels so that units at each level
have formal authority and can act independently of the others in
77

some area. Citizens thus have political obligations to two

authorities. The allocation of authority between the sub-units and
centre may vary, typically the centre has powers regarding defence
and foreign policy, but sub-units may also have international roles.
The sub-units may also participate in central decision-making
bodies. Much recent philosophical attention is spurred by renewed
political interest in federalism, coupled with empirical findings
concerning the requisite and legitimate basis for stability and trust
among citizens in federations.
FEATURES OF THE FEDERAL GOVERNMENT
1. The supremacy of the constitution.
2. The division of powers between the central government
and state governments.
3. The rigidity of the constitution.
4. The independent judiciary.
1. The supremacy of the constitution:- There must be
a written constitution. A written constitution is one in which
provisions are written down in a document for both the federal
government and state governments. The constitution is the supreme
authority.
2. The division of powers:- In a federal form of
government the powers of the government are divided between a
government for whole country and government for parts of the
country in such a way that each government is legally independent
within its own sphere.
3. The rigidity of the constitution:- According to
Prof. Dicey, a rigid constitution is one under which certain laws
generally known as constitutional or fundamental laws cannot be
changed in the same manner as the ordinary laws are changed.
78

Constitutional laws refer to those provisions of the

constitution. Ordinary laws are those laws enacted by the
parliament. The constitutional law is placed above the ordinary
law.
4. The independent judiciary:- In a federal government,
conflicts may arise between the federal government and a state
government or between state governments. The power to settle
the conflicts or to interpret the constitution is given to the judiciary.
The judgement given by the court must be obeyed by the centre as
well as states.
5.3

PARLIAMENTARY

A parliamentary form of government is that in which the

executive is responsible to the legislature. It is also called the
cabinet government or responsible government.

Government

In practice, all the powers are exercised by the real head

Example, cabinet under the leadership of the prime minister of
India.
2. The ruling party should have a clear and stable majority
in the legislature. In the event of a hung parliament a coalition
government can also be formed. For example in India during the
prime ministership of Mr. Deva Gowda (1996) Mr. I.K. Gujral
(1998) we had hung parliament.
3. Head of a cabinet is the leader of the majority party in
the legislature. He is the prime minister.
4. The prime minister and the cabinet ministers are
selected from among members of parliament.

Legislature

5. Each minister is responsible to the legislature for the

acts of omission and commission of his own department. Likewise,
all ministers are collectively responsible to the legislature for the
collective policy of the ministry in power.

Executive

MERITS

Judiciary

1.

The most important merit in a parliamentary form of

government is the harmony and co-operation between
the legislature and the executive.

2.

It is flexible and elastic. Whenever there is a crisis,

smooth change of government is possible without
revolution.

3.

Opposition political party offers a constructive

criticism of governmental policies.

4.

It is responsive to public opinion.

Example : India, United Kingdom (U.K)

Essential features:1. The executive has two types of functions. One is the
nominal and the other is the real. The nominal head represents the
state. The real head represents the government. In Britain, head of
the state is the king or queen. The head of government is the prime
minister.
Legally all the powers are vested with the nominal head Example President of India.
79

80

DEMERITS
It is against the theory of separation of powers. When
the executive and legislature functions are combined
together, there is every likelihood of prime minister
becoming more powerful.
2. In the absence of majority, coalition is the only
alternative. Coalition government is a weak form of
government and may result in political instability.
3. If ruling party resigns from the government or defeated
in the elections, the opposition party assumes office of
governance. It will reverse all the decisions of the
previous government. It means that there is no
continuity in policy matters.

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.

5.4

MERITS
1. Stable government is possible.
2. Under a presidential form of government, experts are
appointed as heads of the departments without
consideration of their party affiliations. The president
may appoint persons who belong to the opposition
parties.
3. There is continuous and consistent policy.
4. Highly suitable during the period of national crisis.
5. There is no chance for concentration of powers.

PRESIDENTIAL

The presidential form of government is that in which the

executive is not responsible to the legislature.

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.

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.
81

5.5

COLLEGIATE

The collegiate or plural executive is one in which the

authority is exercised by two or more individuals having co-equal
authority. It is a system of government which adopts the merits
82

and discards the defects of both the parliamentary and presidential

systems of government.

2. The members of the federal council belong to various

parties. Hence it is difficult to ensure secrecy which is
essential for proper functioning of the executive.

Example: Switzerland
The collegiate executive of Switzerland is called the Federal
Council. It consists of seven members called councillors. These
councillors are elected for a fixed term of four years by the two
Houses of the Legislature (Federal Assembly) at a joint sitting.
Swiss Government has seven departments and each department is
under the control of a councillor. After being elected as the
councillor they have to resign their membership in the
Federal Assembly. They can be re-elected as many times as
possible. The office of the President and the Vice-President of the
Federal Council are shared among the councillors on a rotation
basis for a one year term. No president can hold office for more
than one year.
MERITS
1. The collegiate executive of Switzerland is
characterized by stability and responsibility.
2. There is no possibility of concentration of powers in a
single individual.
3. This type of executive avoids tyranny and dictatorship.
4. The collegiate executive of Switzerland is
representative of all opinions and all areas of the
country.
5. This type of executive paves the way for continuity
and permits traditions to be formed.
DE-MERITS
1. Since the collegiate executive consists of seven
members belonging to different political parties, there
is unnecessary delay in taking decisions.
83

3. In this system of government speedy action is possible

during emergencies.
4. The executive is organized on plural principle. Hence
it is not compatible with unity and independence.
5.6

MODERN DICTATORSHIP

The term dictator has been borrowed from ancient Rome.

Dictatorship is a form of government. Dictatorship is against
democracy. While democracy upholds liberty, dictatorship
suppresses liberty.
F.NEUMANN says By dictatorship, we understand the
rule of a person, a group of persons who arrogate to themselves
and monopolize power in the state, exercising it without restraint.
Modern dictatorship rose as a reaction against democracy.
Modern dictatorship arose owing to the following causes:1. Victorious powers of World War I (1914-1918) like
Britain and France were arrogant and treated defeated
powers like Germany with disrespect.
2. During the inter-war period (1919-39) failure of
democracy led to the spread of dictatorship.
3. The League of Nations could do nothing to save
democracy, when Hitler s Germany went on
committing a series of aggressive acts, when
Mussolinis Italy annexed Ethiopia, when Soviet
Russia attacked East European countries and when
Japan seized Manchuria from China.

84

Features of modern dictatorship

1.
2.
3.
4.

Modern dictatorship is one man rule and authoritarian.

One party rule Example: Communist Party China
No individual freedom for people.
Wide gulf between dictator and people based on fear
and force.

MERITS
1. Dictators show a singleness of purpose resulting in
efficiency and quick decisions.
2. Cost of administration is low.
3. Dictatorship implies one party, one leader and one
programme. National unity and solidarity is the
contribution of dictatorship.

Adolf Hitler
(1889-1945)

DE-MERTIS
1. Dictatorship is based on force and fear.
2. People have no rights.
3. Dictators use their energy to realize their selfish aims.
The interest of the people will not be taken into
consideration.
4. Dictators are for bringing about revolutionary changes.

Dictators of 20th Century

Mao Tse Tung (also Zedong)

(1893-1976)

Fidel Castro
85

86

Unicameral:- Where the legislature has only one house, it

is called unicameral.
Example: China (National Peoples Conference)
India: Legislative Assembly (Tamil Nadu)
Bicameral:- In Latin camera means house or chamber.
Where the legislature has two houses, it is called bicameral.
The following countries have bicameral legislature
Benito Mussolini

INDIA

(1883-1945)
Cuba under Castro, Italy under Mussolini, Germany under
Hitler, China under Mao Tse-tung were examples of dictatorship.
In the dictatorship style of functioning the individuals
personality was suppressed and all aspects of life were regimented.
Strict supervision and control over human thought and action was
the order. Public and private life of individuals were submitted to
dictators.
5.7

DISTINCTION BETWEEN UNICAMERAL AND

BICAMERAL

Legislature is the first branch of the government. It is the

law making body of the government. It expresses the will of the
people. Unless laws are made, the question of enforcing them or
interpreting them does not arise.
There are two kinds of legislature:1. Unicameral
Legislature
2. Bicameral

87

Lower House - Lok Sabha

Upper House

- Rajya Sabha

U.S.A

Lower House - House of

Representatives
Upper House - Senate

U.K

Lower House - House of Commons

Upper House - House of Lords.

Bicameral system of legislature is prevalent in a majority

of the countries of the world. At the same time, unicameralism is
also in existence in certain countries. Political scientists expressed
different opinions in support of and against the two systems of
legislature. For example, writer like Bryce, Garner, and Lord Acton
argued in favour of Bicameralism. On the other hand, political
writers like Laski, Benjamin Franklin, and Bentham supported
unicameralism.
Sir. J.A.R Marriott says that the past history is in favour
of the bicameral system. Experience has seen in favour of two
chambers and it is not wise to disregard the lessons of history.
88

Dr. Leacock says, The unicameral system has been tried and found
wanting.

Distinction between
Unicameral

Bicameral

1. Responsibility is located

Responsibility is divided

2. Hasty legislation

Checks on hasty
legislation

3. Leads to despotism

Checks the despotism.

4. There is no delay in
legislation

Delay in legislation

5. No occasion for legislative

dead-locks

Occasion for legislative

dead-locks

6. No duplication of work

Duplication of work

7. Few countries are

following Unicameral.

Many countries are

following Bicameral.

Exercise
Part A
I. Choose and write the correct answer
1. The term federation is derived from which word?
(a) Latin
(b) French
(c) Hindi
(d) Sanskrit
2.

The Latin word camera means.

(a) House (b) Building (c) Structure (d) Camera

II.

Fill in the blanks

3. Lok Sabha is known as House.
4. Rajya Sabha is known as House.

III.

True or False
5. There are two kinds of legislature
6. Senate is the upper house of the Congress of U.S.A

IV.

Match the following

7. Parliamentary
8. Presidential
9. Collegiate
-

Switzerland
U.K
U.S.A

Part B
8. Work load is heavy

Reduces the work load.

9. Economy of national
expenditure

Higher expenditure

10.
11.

Define unitary government.

Define federal government.

Part C

10. No scope for

representation to
minorities and other
interests

Scope for representation to

minorities and other
interests

12. Explain modern dictatorship.

13. Explain collegiate executive.
14. Explain the distinction between unicameral and
bicameral legislatures.

Part D
15.
16.
89

Describe parliamentary form of government.

Discuss presidential form of government.
90

Chapter 6

THE JUDICIARY
INTRODUCTION
The administration of justice is an important aspect of
government from ancient times to the modern times. But how and
in what manner this function of judiciary was performed is a long
story in the growth of not only the government but also of judiciary.
Government consisted mainly of three branches namely
(a) the legislature
(b) the executive
(c) the judiciary
However this distinction was not clear as there were
different forms or patterns of government. This is clear from the
various stages through which the modern government emerged.
Originally there was a monarchy followed by aristocracy, oligarchy
and tyranny. These forms of government varied from time to time
and every such form of government existed in different countries
at different points of time. So these three functions of the
government in 20th century were not performed by the respective
bodies. Infact one and the same person or agency performed. But
as changes took place in the form and nature of governance, duties
of government these functions had also been distinguished and
they happened to be entrusted to the respective bodies. In this way,
the judiciary as one of the important organs of the government
came to be reorganised as the same was called for to discharge its
duties by itself.
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The 20th century witnessed several developments in the

political system and the nature of government. One important
feature of this is the emergence of democracy as a system of
government. In this system much importance is attached to the
judiciary. Infact political thinkers of modern times, insisted that
the executive functions, legislative functions and judicial functions
be entrusted to the respective persons or bodies. They should not
interfere with the duties and responsibilities of the rest. This theory
is known in political science as the separation of powers.
It was advocated by Montesquieu a French writer in his
book called The Spirit of Laws published in the year 1748. Since
then it has become popular with modern government. It was given
due recognition by the Americans when they drafted the
constitution. In course of time, many other countries European and
Asian incorporated this principle in their constitutions. This
ultimately led to the recognition of the need for and importance of
the judiciary.
6.1 NEED AND IMPORTANCE OF JUDICIARY
The judiciary performs very important functions and the
most important is that of the administration of justice. Wherever a
case comes before a judge, it is his duty to interpret the law of the
country on that point in an impartial manner and give his decision
accordingly. But it is his duty to see that justice is dispensed
according to the law. The judiciary is the custodian of a written
constitution.
The welfare of the citizens greatly depends upon speedy
and impartial justice. The judiciary is the guardian of the rights of
man and it protects these rights from all possibilities of individual
and public encroachment. The feeling in an average citizen that he
can rely on the certain and prompt administration of justice
maximises his liberty. If there is no adequate provision for the
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administration of justice liberty of the people is jeopardized, for

there is no definite means which should ascertain and decide rights,
punish crimes and protect the innocent from injury and usurpation.
According to Bentham, the administration of justice by the
state must be regarded as a permanent and essential element of
civilization and as a device that admits of no substitute.
The judiciary will see that the rights of the people are
protected. Once the law has been made, it cannot be given any
arbitrary interpretation by the executive. It is upto the courts to
decide the meaning of law.
6.2 THE QUALIFICATION OF THE JUDGES
The judiciary is an important element of the state has been
explained more than adequately in the text book elsewhere. What
the judiciary does and does not do is a matter of concern which
affects every individual and every section of the society. Therefore
judiciary should have as judges, persons of high calibre and with
sound knowledge of jurisprudence and the laws of the country.
The qualifications prescribed for appointment as judges vary from
state to state and from place to place.
The following points relating to USA deserve consideration
The USA constitution is silent on judicial qualifications. It
does not give any advice for judicial appointments other than stating
that justices should exhibit good behaviour. As a result, selections
are governed primarily by tradition. Normally for appointment the
President of USA takes into account the following factors:
(a) Experience in the judiciary or government either at
federal or state level. Generally law degrees or some other form of
higher education are also considered.
(b) Political ideology - this depends upon the political
ideology to which the President subscribes. A liberal may appoint
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a person with liberal views. Similarly, a conservative may appoint

an individual with conservative outlook.
(c) Party and personal loyalties - a large number of
appointees belong to the Presidents party and

The Supreme Court enjoys the power of judicial review.

The Supreme Court of India has judicial review power with regard
to:
(a) disputes between the centre and the states.
(b) to interpret and clarify a provision of the constitution
above which there are some doubts and differences of
opinion.
(c) protecting the fundamental rights.
(d) those laws passed by the legislature which are not in
accordance with the constitution.

(d) Ethnicity and gender - until recently federal judges

were white men. Women were not considered for appointment as
judges. But things have changed and since the time of the President,
Ronald Reagan, women were also appointed. More recently, both
men and women belonging to different races like African
Americans and Latinos are also appointed.
So far as the modern states are concerned the following
may be given as general qualifications for persons to be appointed
as judges to the courts:
(a)
(b)
(c)
(d)
(e)

Nationality and citizenship

Age
Basic degree in any subject
A degree in law
Experience in the judiciary or practice as a lawyer for
a specific period
(f) Standing as an eminent jurist

6.3 JUDICIAL REVIEW

Judicial Review is an important contribution of the U.S.A.
to political science. The power of the Judiciary to declare law
unconstitutional is called judicial review. In England the judiciary
has no power to sit in judgement on the law passed by parliament.
But in countries like U.S.A., Canada, India, Australia, if the
legislature passes a law which is against the constitution, the
judiciary can declare such law as ultra vires.
94

In India, the Supreme Court and High Courts enjoy this

power. The following are the merits and demerits of Judicial
Review:
Merits
1. Judges are competent to make judicial review by virtue
of their knowledge and experience.
2. It enables the federal judiciary to act as the guardian
of the constitution.
3. The courts are independent and less biased than
legislatures.
4. It protects the fundamental rights of the people in
particular the rights of the minorities.
5. It is necessary to preserve a free and limited
government.
6. It enables the judiciary to guard against legislative
haste and rashness.
De-merits
1. It may violate the spirit of separation of powers.
2. By giving the power of judicial review to the courts the
smooth functioning of the representative system of
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3.

4.

5.

6.

7.

government is affected as the courts infringe upon the

legislative and executive functions.
Judicial review delays the operation and implementation
of important and pressing social policies so necessary for
the needs of a dynamic society.
Almost all problems coming before the judges involves
issues of political, economic and social importance and
legislation on them. Thus it makes the judiciary a super
legislature.
Issues brought before the courts are decided by a
majority of single judge (in the U.S.A. five to four
majority). It shows how the judges are sharply divided
amongst themselves and their judgement vitally affects
the nation as a whole.
Judges may over look the challenges of the changing
times and may refuse to move forward. They may
become conservative.
Judges may follow blindly only the letter of the law totally
ignoring its spirit. They may develop hard attitude.

Judicial review has been accepted as an important doctrine in

the working of the judiciary.

6.4 JUDICIAL ACTIVISM

The judiciary is one of the important pillars of democracy. It

has more onerous responsibilities than two other important estates, the
executive and the legislature. It is the judiciary and the institution of
justice that helps the orderly functioning of parliamentary democracy
and the exercise of powers by the various wings of administrative
machinery.

Judicial activism is inspired by the public, who knock the

doors of justice and thus judicial activism is basically citizens activism.
By exercising the right to freedom of expression and assuring the

representation of the common citizen, the press has raised same

particular issues, conducted risky investigation and exposed serious
omissions, sometimes going to court with public interest litigation. The
lions share of citizens activism is that of the press, the fourth estate.
When the administration fails to respond the citizen looks to the press
for communication and turn to the judiciary for a remedy.
Since the judiciary is part and parcel of the society as a whole
and the persons who man the administration of justice are none other
than the same persons from the community, it is difficult to imagine
better standards and higher moral values only in the judiciary. The people
as a whole should therefore have overall control, in accordance with
democratic principles. Hence an enlightened and conscious citizen
should ponder over the need to reform every system, including the
judiciary, to be more useful to the public in general and the democratic
institutions in particular.
The delayed dispensation of justice is one of the main maladies
confronting the fabric of our republic. If by delay justice is denied, it is
conversely burried if hurried. With its defective structure and
unquestionable power devoid of any accountability, the judiciary as for
that matter, any system can play havoc with the setup. Our constitutional
frame work provides for a fairly good amount of independence to the
judiciary to act as watchdog, over the other two estates. To retain such
independence the judiciary is rightly enjoying an enormous amount of
power too.
The Supreme Court in India unlike in the U.S.A has vast powers
in controlling administrative discretion. Judicial activism, particularly on
public interest litigation, has revolutionised constitutional jurisprudence.
Persons belonging to the executive and legislative have criticiced the
judiciary for weakening those wings and making them feel insecure.
They described the situation as judicial tyranny and judicial grabbing or
judiciacracy.
Various phenomena reflect the denigration of justice system.

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Charges of corruption, links between some advocates and some judges,

the brokerage system, chasing litigation, bias, political appointments of
public prosecutors and government pleaders are some of them.
As the purview of the judicial review is expanding by leaps and
bounds, every action of the two estates is coming in for judicial scrutiny.
In a way, this situation is helping to increase the powers of the judiciary.
Citizens should be enlightened about the defects of the judiciary and
the media should play the role of catalyst in reforming the administration
of justice, to make it more useful to society and for judicial activism to
help the development of law.
6.5

INDEPENDENCE OF JUDICIARY

Justice is considered to be one of the divine attributes and a

judge is described as a blindfolded person who holds the scales of
justice which he administers even handed. It means judges should be
impartial.
The need for independence of the judiciary has acquired an
added dimension under modern conditions of the welfare state. The
more modern government interferes, administers and regulates the more
urgent is the need to preserve a check on the way. These activities
affect individuals and groups. The factors which ensure independence
of judiciary and enable judges to fearlessly discharge their duties are
the following. Dr.Garner says, If the judges lack wisdom, probity and
freedom of decision, the high purpose for which the judiciary is
established cannot be realised. If the judiciary is independent only
when the system of the appointment of the judges is good, if they have
the security of service and interference and control.
Conditions or factors which make the judiciary independent,
are the following:

1. Mode of appointment of judges

In advanced countries of the world generally three modes are
adopted for the appointment of the judges. They are
(a) Election by the people. Eg., Many states of America.
(b) Election by legislature. Eg., Switzerland
(c) Appointment by the executive. Eg., India, U.K, U.S.A.
Election by the people
The system of popular election of judges was first introduced
in France in conformity to the theories of popular sovereignty and the
separation of powers. It now prevails in some of the cantons of
Switzerland, and in a few states of the United States of America.
According to Laski that of election by people at large is without
exception the worst. Popularly elected judges can never be impartial,
honest, independent and dignified.
Prof. Garner also says, Election of the judges lowers the
character of the judiciary, tends to make a politician, of the judge
and subjects the judicial mind to a strain which it is not always
able to resist.
Election by the legislature
The election of the judges by the legislature is seen in
Switzerland. Election by the legislature is not a common and
accredited method of appointing judges, because this system is a
violation of the principle of the separation of powers. But more
important is it makes the judiciary subservient to the legislature.
Moreover election by the legislature means elections of party
candidates when party affinities intervene in the selection of judges
merit is discounted and independence of the judiciary disappears.
Appointment by the Executive
The third mode of appointement of judges is appointment
by the head of the state (the King or the President). This system of

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appointment of judges is adopted in India, England, the United States,

Canada, Australia, Japan and South Africa.
The appointment of judges by the executive is the most common
and the best available method of choice and it is in practice in nearly all
countries of the world. Judges chosen by the executive are likely to be
independent of popular influence and political or sectional
considerations. In India too, recruitment to the subordinate courts is
through a competitive examination, whereas in the case of courts above,
it is according to the method as presented in the constitution, but the
appointing authority is the executive.
In order to remove the defects of this system. Laski does not
consider simple nomination by the executive as an adequate system.
He suggests that judicial appointments should be made on the
recommendations of the Ministry of justice with the consent of a standing
committee of the judges which would represent all sides of their work.
In England and other common wealth countries, the judges are selected
from among the advocates and pleaders working in the courts. In certain
countries of Europe, the judges are selected by the ministry of justice
through competitive examinations. Thus this is the best system of the
appointment of the judges and it is prevalent in many countries of the
world.
2. Long Tenure
For the independence of judiciary, a long tenure of the judges
is essential. If the tenure of the judges is short, its consequences will be
bad. In case of a short tenure the judge will remain busy in planning for
his re-election, sometimes he indulges in corrupt practices when he
loses the hope to win the election. If the tenure is short, the judge is
unable to comprehend fully the various implications of the laws.
Today in many countries of the world the judges remain in office
till they attain the age of 65 or 70 provided their conduct is above
board.

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Hamilton says, The standard of good behaviour for the

continuance in office of the judicial magistracy is certainly one of
the most valuable of the modern improvements in the practice of
government.
3. Security of Service
For the independence of judiciary it is essential that there
should be security of service for the judges and the executive should
not remove them at will.
In Great Britain, the judges have been guaranteed the
security of service and they can be removed only when both the
houses pass a resolution jointly, levelling allegations against the
judges and send it to the monarch for his/her assent.
In the United States, the judges of the supreme court are
removed by a process of impeachment.
If the judges are under constant fear of being removed from
office, they give decision against the executive (government) they
will not give decisions against the government. Thus there will be
no protection of the constitution and fundamental rights of the
people. Therefore in most advanced countries of the world the
parliament removes corrupt and incapable judges by a majority
vote, but the honest and able judges are granted the security of
service, even if they give decisions against the executive.
4. Adequate salary to the judges
In order to make the judges independent, it is necessary
that they should be paid adequately so that they are able to maintain
a good standard of living and they do not amass wealth by adopting
corrupt practices. If the judges are adequately paid able persons
will be attracted towards this profession and they will enjoy an
honourable place in the society. If they are not paid adequately,
able persons shall not be attracted towards this profession and they
will have no place of prestige in society. A low paid judge may be
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attracted by opportunities for accepting illegal gratification. Whereas it

is necessary that a judge should be paid adequately, it is also necessary
that during his tenure of office, his allowances and emoluments are not
reduced by the executive. Besides this after retirement a judge should
receive pension so that during his tenure he should not indulge in corrupt
practices and he should lead a peaceful retired life. The salaries for the
judges are paid from the voted funds of the national government. This
ensures financial independence of judiciary.

Exercise
Part A
I. Fill in the blanks
1.

Montesquieu a French writer in his book called _______

published in the year 1948.

2.

The _______ enjoys the power of judicial review.

5. High Qualification

3.

For the independence of judiciary it is also important that the

judges should be able persons since only an able judge can give correct
decisions and express his views freely.

The election of the judges by the legislature is seen in

the country of _______

4.

In ancient and middle ages, the _______ was under the

control of the executive.

6. Separation of judiciary from the control of the executive

II.

True or False

For the independence of judiciary Montesqueiu emphasised

that it should be free of the control of the executive. In ancient and
middle ages the judiciary was under the control of the executive.
Hence, there was violation of justice and the king decided the cases
arbitrarily. It destroyed the freedom of the people. Therefore, today
efforts are made to free the judiciary from the control of the
executive, so that the judges may give decision fearlessly.

5.

Judicial review is an important contribution of U.K.

6.

There are three branches of government

7.

Judiciary is one of pillars of democracy.

8.

Define judiciary.

7. No practice after retirement

9.

What are the qualifications to become a judge?

The judge should not be allowed to do legal practice after

retirement, because his previous colleagues would favour him in
the cases in which he appears as a lawyer.

10. Define judicial review.

Part B

Part C
11. What is the need for a judiciary?

Conclusion
On the basis of the views expressed above, in order to make
the judiciary independent, the mode of the appointment of the
judges should be good, their dismissal should be very difficult,
their tenure should be long and they should be paid adequately.

12. List out the merits and demerits of the judicial review.

Part D
13. Write about judicial activism?
14. Write in detail about the independence of the judiciary

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103

Chapter 8

ORGANISATION OF STATE
GOVERNMENT IN TAMILNADU
Introduction
The Constitution of India provides for a federal government,
having separate systems of administration for the union and the
units, namely, the states. There are 28 states, 6 union territories
and one national capital territory known as New Delhi in India.
The constitution contains provisions for the governance of both
the union and the states. It lays down a uniform structure for the
State Government, in part VI of the constitution from Article 152
to 237, which is applicable to all the states, save only the state of
Jammu and Kashmir which has a separate constitution for its
government under Article 370. Broadly speaking, the pattern of
government in the states is the same as that for the union, namely,
a parliamentary system. Here, let us know the Government of Tamil
Nadu in terms of the office of the Governor, the Chief Minister,
the Council of Ministers, state legislature and the judiciary,
secretariat, district administration and the below.
8.1

THE GOVERNOR

The executive power of the state is vested in the Governor

and all executive actions of the state have to be taken in the name
of the Governor. But, he has to act as the nominal head of the state
due to parliamentary system. Normally, there shall be a Governor
for each state according to Article 153, but an amendment of 1956
makes it possible to appoint the same person as the Governor for
two or more states. The Governor is not elected but is appointed
by the President and holds office at the pleasure of the President.
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4. He should be a person who has not taken too great a

part in polities generally and particularly in the recent
past and
5. In selecting a Governor in accordance with the above
criteria, persons belonging to the minority groups
should continue to be given a chance as hitherto.
According to the Constitution, the Governor is appointed
by the President by a warrant under his hand and seal. But, in actual
practice, the Governor is appointed by the President on the
recommendation of the Prime Minister. The normal term of a
Governors office shall be five years and he can be given another
term also. Even after the completion of his term, he continues in
office till his successor joins the office. Even though the term of
office of Governor is five years, he may lose his office by his
resignation or the dismissal by the President. He receives his salary
from the Consolidated Fund of the state which is non-votable in
the State Legislature.
Powers and Functions of the Governor
Map 1 - Indian Union
Any citizen of India over 35 years of age is eligible for the office,
but he must not hold any other office of profit, not be a member of
the legislature of the union or of any state according to Article
158. But, the Sarkaria Commission has suggested that a person to
be appointed as the Governor should satisfy the following criteria.
1. He should be eminent in some walk of life.
2. He should be a person from outside the state.
3. He should be a detached figure and not intimately
connected with local polities of the state.

The Governor is the head of the state executive and he has

enormous powers. In the exercise of functions and powers, the
Governor, except in certain cases, is to be guided by the aid and
advise of the Council of Ministers headed by the Chief Minister
under Article 163. As the executive head in the state level, the
Governor has following functions and powers.
A. Executive powers
B. Legislative powers
C. Financial powers
D. Judicial powers
E. Discretionary powers, and
F. Miscellaneous powers.

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151

A. Executive Powers

B. Legislative Powers

1. All executive actions of the state government are

formally taken in the name of Governor.
2. He appoints the Chief Minister and other ministers.
They also hold office during his pleasure.
3. He appoints the Advocate - General of the state and
determines his remuneration. The Advocate General
holds his office during the pleasure of the Governor.
4. He appoints the State Election Commissioner and
determines his condition of service and tenure of office.
5. He appoints the Chairman and Members of the State
Public Service Commission. Yet, they can be removed
from office only by the President of India and not by
the Governor.
6. He can seek any information relating to the affairs of
the state and the proposals for legislation from the Chief
Minister.
7. He can require the Chief Minister to submit for the
consideration of the council of ministers on any matter.
8. He can make rules specifying the manner in which the
orders and other instruments made and executed in his
name, shall be authenticated.
9. He can make rules for more convenient transaction of
the business of the government and for the allocation
among the ministers of the said business; and
10. He can recommend for the imposition of Presidents
rule in the state to the President under Article 356.
During such rule, the Governor enjoys extensive
executive powers as an agent of the President.

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The Governor is an integral part of the state legislature. But, he

is not a member in the either house of the legislature. In this capacity, he
enjoys the following legislative powers.
1. He has the right to summon or prorogue the state legislature
and dissolve the State Legislative Assembly.
2. He can address the state legislature at the commencement
of the first session after each general election and the first
session of each year.
3. He can send massages to the houses of the state legislature
relating to a bill pending in the legislature.
4. He can appoint any member of the Legislative Assembly
to preside over its proceedings when the offices of both
the Speaker and the Deputy Speaker fall vacant.
5. He nominates one - sixth of the members of the State
Legislative Council from amongst the persons having
special knowledge or practical experience in literature,
science, art, cooperative movement and social service.
But, the Governor of Tamil Nadu need not do this
function because, the State Legislative Council, the
upper house has been abolished since 1986.
6. He can nominate one member to the State Legislative
Assembly from the Anglo-Indian Community.
7. He decides on the question of disqualification of
members of the state legislature in consultation with
the Election Commission.
8. Every bill passed by the state legislature will become law
only after his signature. But, when a bill is sent to the
Governor after it is passed by the legislature, he has the
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options to give his assent to the bill or withhold his assent

to the bill or return the bill for the reconsideration of the
legislature.

D.

1. The Governor can grant pardons, reprieve and remissions

of punishment or suspend, remit and commute the sentence
of any person convicted of any offence. But, the pardoning
power of the Governor differs from the president in
following ways.

9. He has to reserve any bill passed by the state legislature

which endangers the position of the state High Court,
for the consideration of the President.

a. The President can pardon the death sentence while

the Governor cannot.

10. He can promulgate ordinances when the state

legislature is not in session under Article 213. But, these
ordinances must be approved by the legislature within
six months. He can also withdraw an ordinance at
anytime; and.

b.

3. He makes appointments, postings and promotions of

the district judges in consultation with the High Court;
and

C. Financial Powers

2. Money Bills can be introduced in the state legislature

only with his prior recommendation.
3. No demand for any grant can be made exception on
his recommendation.
4. He can make advances out of the state Contingency
Fund to meet any unforeseen expenditure; and
5. He constitutes a Finance Commission after every five
years to review the financial position of the panchayats
and the municipalities.

154

The President can pardon the sentences inflicted

by court martial whereas the Governor can not.

2. He is consulted by the President while appointing the

judges of the concerned sate High Court.

11. He has to lay the annual reports of the state Finance

Commission, the State Public Service Commission and
the Comptroller and Auditor General relating to the
accounts of the state, before the state legislature.
1. The Governor has to see that the state budget known
as the Annual Financial Statement is laid before the
legislature.

Judicial Powers

4. He appoints the persons to the judicial service of the

state in consultation with High Court and the Public
Service Commission.
E.

Discretionary Powers
1. The Governor reserves a bill for the consideration of
the president.
2. He recommends for the imposition of the Presidents
rule in the state.
3. He seeks information form the Chief Minister relating
to the administrative and legislative matters of the state.
4. He can call the leader of any party to form ministry in
the state when there is no clear-cut majority to any
party in the Legislative Assembly after the general elections.
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5. He can dismiss the Council of Ministers when it is unable

to prove the confidence of the Legislative Assembly; and
6. He can dissolve the Legislative Assembly if the Council of
Ministers has lost its majority.
F.

Miscellaneous Powers

In addition to the functions and powers mentioned above, the

Governor exercises the following miscellaneous function also.
1. The Governor receives the annual report of the State Public
Service Commission and submits the same to the Council
of Ministers and the state legislature for discussion; and
2. He receives the report of the Auditor - General regarding
income and expenditure made by different departments
under the State Government.
Constitutional Position
The Constitution of India provides for a Parliamentary form of
Government in the centre and in the states. Consequently, the Governor
has been made only a nominal executive and the real executive constitutes
the council of ministers headed by the Chief Minister. As a result, the
Governor has to exercise his powers and functions with the aid and
advise of the council of ministers headed by the Chief Minister. As a
matter of fact, the constitution has assigned a dual role to the office of
Governor in the Indian federal system, namely, the constitutional head
of the state and the representative of the centre, ie the President. The
following list shows the Governors of Tamil Nadu since 1952.
8.2

THE CHIEF MINISTER

According to the Constitution of India, the Governor is the

nominal head and the Chief Minister is the real head in the state
executive. Since the parliamentary form of government exists, we
156

find two types of heads. Thus, the position of the Chief Minister at the
state level is anologus to the position of Prime Minister at the Centre.
Every state shall have a Council of Ministers headed by the Chief
Minister to aid and advise the Governor in the exercise of this powers
and functions, except the discretionary ones under Article 163. The
Chief Minister is appointed by the Governor. Actually, after the general
elections to the state Legislative Assembly are over, the Governor calls
the leader of the majority party to form ministry in the state. The Chief
Minister shall hold office during the pleasure of the Governor. However,
S.No.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.

Name of Governors
Thiru Shriprakasha
Thiru A.J. John
Thiru Vishnuram Methi
Thiru J.V. Bhahadur
Thiru Sardar Ujjal Singh
Thiru K.K. Shaw
Thiru Mohanlal Sugadia
Thiru Prabudas Patwari
Thiru Sadiq Ali
Thiru Sundarlal Khurana
Thiru P.C. Alexandar
Thiru Surjeeth Singh Barnala
Thiru Bisma Narain Singh
Thiru M. Chenna Reddy
Thiru Krishnakanth
Miss Fathima Bevi
Thiru C. Rangarajan
Thiru Ram Mohan Rao

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Period
1952 - 56
1956 - 57
1958 - 64
1964 - 66
1966 - 71
1971 - 76
1976 - 77
1977 - 80
1980 - 82
1982 - 88
1988 - 90
1990 - 91.
1991 - 93
1993 - 96
1996 - 97
1997 - 01
2001 - 02
Jan 18, 2002
Till date

the normal term of office of the Chief Minister is five years. But, he may
lose the office due to his resignation and the imposition of state
emergency under Article 356.

B.

1. The Chief Minister is the principal channel of communication

between the Governor and the Council of Ministers under
Article 167, and

Powers of Chief Minister

The Chief Minister is the chief of state administration. He has
enormous functions and powers. The following are the functions and
powers of the Chief Minister.

2. He advises the Governor in relation to the appointment of

the following officials.
(a) Advocate General

A. Relating to the council of ministers

(b) State Election Commissioner

B. Relating to the Governor

(c) Chairman and Members of the State Public Service

Commission.

C. Relating to the State Legislature

D. Other functions and powers.
A.

Relating to the Governor

(d) Chairman and Members of the State Planning

Commission

Relating to the Council of Ministers

As the head of the Council of Ministers, the Chief Minister enjoys the
following functions and powers.
1. The Chief Minister recommends the persons who can
be appointed as ministers by Governor.

(e) Chairman and Members of the State Finance

Commission.
C.

1. The Chief Minister advises the Governor with regard

to the summoning and proroguing the sessions of the
state legislature.

2. He allocates the portfolios among the ministers.

3. He shuffles and reshuffles his ministry.

2. He announces the government policies on the floor of

the house.

4. He can ask a minister to resign or to advise the

Governor to dismiss him in case of difference of
opinion.

3. He can introduce the bills in the Legislative Assembly;

and

5. He presides over the meetings of the Council of

Ministers and influences its decisions.
6. He can bring about the collapse of the council of
ministers by resigning from office; and
7. He guides, directs, controls and coordinates the
activities of all the ministers.

158

Relating to State Legislature

4. He can recommend for the dissolution of the

Legislative Assembly to the Governor anytime.
D.

Other function and powers

1. As the leader of the ruling party, the Chief Minister
has to control the party and develop the disciplines.

159

2. As the leader of the state, he has to keenly consider the

demands of the different sections of the people.

S.No.

3. As the political head of the various services, he has to

supervise, control and co-ordinate the secretaries of various
departments in the state level.

1.

4. For smooth functioning of the state and for good

centre-state relations, he has to develop a rapport with
the union government; and

Party

Year

Thiru . C. Rajagopalachariar

Congress

1952

2.

Thiru. K. Kamaraj

Congress

1954

3.

Thiru. K. Kamaraj

Congress

1957

4.

Thiru. M. Bhakthavathchalam

Congress

1963

5.

Thiru. C.N. Annadurai

DMK

1967

6.

Thiru. N. Karunanidhi

DMK

1969

7.

Thiru. M. Karunanidhi

DMK

1971

8.

Thiru. M. Karunanidhi

DMK

1976

9.

Thiru. M.G. Ramachandran

ADMK

1977

Thus, the Chief Minister plays a very significant and highly crucial
role in the state administration. However, the discretionary powers of
the Governor have slightly reduced the role and importance of the Chief
Minister only in a few states where the Governors have special provision.
But, it is not so in the states like Tamil Nadu.

10.

Thiru. M.G. Ramachandran

ADMK

1980

11.

Thiru. M.G. Ramachandran

ADMK

1985

12.

Tmty. Janaki

ADMK (Jannuary) 1988

13.

Thiru. M. Karunanidhi

DMK

1989

Chief Ministers of Tamil Nadu Since 1952

14.

Selvi. J. Jayalalithaa

ADMK

1991

A list of Chief Ministers of Tamil Nadu from 1952 onwards is

given below:

15.

Thiru. M. Karunanidhi

DMK

1996

16.

Selvi. J. Jayalalithaa

ADMK

2001

17.

Thiru . O. Panneerselvam

ADMK

2001

18.

Selvi. J. Jayalalithaa

ADMK

2002

19.

Thiru. M. Karunanidhi

DMK

8.3

COUNCIL OF MINISTERS

5. The size of the ministry is decided by the Chief Minister.

However, only 15 percent of the members of the Legislative
Assembly can be made as ministers due to the recent
constitutional amendment.

In Tamil Nadu, every Chief Minister has had their own place
among the people. They have introduced the social welfare programmes
and the development programmes according to their thoughts and
principles to achieve the socialistic pattern of society in the state.
Especially, for the welfare and development of the downtrodden,
scheduled castes and the scheduled tribes, they have taken various
efforts through various programmes. Of all departments, transport stands
first not only in the state but also in the national level. This has been
achieved mainly by the serious efforts of the Chief Ministers of different
periods in Tamil Nadu.

160

Name of Chief Ministers

(May)2006

The constitution of India under Article 163 provides that there

shall be a Council of Ministers with the Chief Minister as its
head to aid and advise the Governor in every state. Accordingly,
the Governor is a nominal head and real powers of the state
161

government vests in the Council of Ministers in Tamil Nadu. Though

the Governor has discretionary powers, he rarely exercises them. As
already stated, the Governor appoints the Chief Minister and on his
recommendation other ministers are appointed. There is no fixed term
of office prescribed for the ministers and they hold office during the
pleasure of the Governor. However, the normal term of office of the
minsters is five years. The salaries and allowances of the ministers are
determined by the state legislature from time to time.
Since parliamentary form of government is followed in the states
as in the Union Government, the ministers are individually and collectively
responsible to the state Legislative Assembly in which they are members.
As a result, the ministers work as a team. All for one and one for all
policy works in the functioning of the Council of Ministers. A minister
can not separate himself from the collective decision of the ministry.
The Council of Ministers remains in power so long as it commands the
confidence of the Legislative Assembly. If a no - confidence motion is
passed in Legislative Assembly, the Council of Ministers headed by the
Chief Minister has to tender resignation. This is known as collective
responsibility.

Act. Each minister has to be a member in the state Legislative

Assembly. If not, he has to procure this membership within six months.
In Tamil Nadu, according to the strength of Legislative Assembly
(234 members), the number ministers may be upto 36, ie 15 percent of
234. The functions and powers of the Council of Ministers in Tamil
Nadu are following.

As far as the size of the Council of Ministers is concerned, it is

not uniform in all the states in India. The Administrative
Reforms Commission (ARC) suggested, Taking a broad view of the
needs of the administration in different states, we consider that
big states like Uttar Pradesh, Bihar, Madhya Pradesh and Maharashtra
may have about 20 persons in the Council of Ministers.
The middle sized states like Madras (now Tamil Nadu), Karnataka
and Andhra Pradesh may have 14 to 18 ministers and the
small states like Kerala, Haryana and Punjab may have 8 to 12
ministers. However, the size of the Council of Ministers depend
on the Chief Minister of the state concerned. But, the number
of ministers should not exceed 15 percent of the total members of the
state legislative Assembly due to the recent Constitutional Amendment

6. It makes the important appointments of the Heads of

Departments.

162

1. The Council of Ministers maintains law and order and

security of life and property of the people in the state.
2. It formulates and decides the policies of the state and
implements them effectively.
3. It decides the legislative programmes of the Legislative
Assembly and sponsor all important bills.
4. It controls the financial policy and decides the tax
structure for the public welfare of the state.
5. It chalks out programmes and schemes for the socioeconomic changes so that the state makes headway in
various inter-related fields.

7. It discusses and takes efforts on the dispute with other

states
8. It advises the Governor on the appointment of Judges
of the subordinte courts.
9. It considers states share of work in the Five Year Plans
and determines its obligations.
10. It frames the proposal for incurring expenditure out of
state reserves.
11. It decides all the bills whether ordinary bills or money
bills to be introduced in the Legislative Assembly.
163

12. Each minister of the Council of Ministers supervises,

controls and coordinates the department concerned; and
13. Annual Financial Statement called as the Budget is finalised
by the Council of Ministers.
With regard to an appraisal, the Council of Ministers is the
guide and master of the legislature especially the legislative
Assembly in the state. Besides, the ministers are the formulators and
executors of public policies of the state. However, the state legislative
Assembly enjoys the right of passing a no-confidence motion against a
ministry. Hence, the ministers are also subjected to severe
criticism during the question hour in the state legislature. In Tamil Nadu,
the no-confidence has not been passed against a ministry so far. But,
K. Kamaraj resigned from chief ministership in 1963 due to
Kamaraj plan. The ministry of M.G. Ramachandran was dissolved 1980
due to the state emergency under article 356. As such, the ministry of
M. Karunanithi was dissolved 1991 due to the state emergency. In
short, the council of ministers headed by the Chief Minister decides
any or every thing for the welfare of the people in the state.
8.4

LEGISLATURE IN TAMIL NADU

The Legislature of a state consists of the governor and one or

two houses. A State Legislature may be unicameral or bicameral. At
present only 5 states have the bicameral legislatures, namely, Bihar,
Karnataka, Maharashtra, Uttar Pradesh, and Jammu and Kashmir.
Legislative Assembly is the Lower House or First Chamber or
the Popular Chamber in a state and the Legislative Council is the Upper
House or Second Chamber. Hence, the state legislature includes the
Legislative Assembly and the Legislature Council. The legislature of
Tamil Nadu had bicameralism upto 1986 in which the Legislative
Council, the second chamber was abolished during the AIADMK
government headed by M.G. Ramachandran as the Chief Minister.
164

Hence, the legislature follows unicameralism as the Legislative Assembly

is the only one house. However, we have to study the both the houses
of Tamil Nadu legislature.
1.

Legislative Council

The Legislative council is a mere ornamental chamber and its

very existence is depending on the will of the Legislative Assembly.
Under the constitution, the Legislative Council can be created or
abolished by a simple Act of Parliament on the recommendation of the
state concerned under Article 169. But, the recommendation of state
Legislative Assembly to create or abolish the Legislative Council should
be supported by a special majority i.e., two-third majority.
Composition
The members of the Legislative Council shall not be more than
one-third of the total members of the Legislative Assembly, but not less
than forty. The Legislative Council of Tamil Nadu had 63 members.
Normally, it is constituted by a mixture of direct election, indirect election
and nomination. Elections to the Legislative Council are to be held by
the system of proportional representation by single transferable vote
system in the following manner (Article: 170-171).
(a) 1/3 members shall be elected by the Legislative
Assembly
(b) 1/3 members shall be elected by the municipalities, district
boards and other local authorities as specified by
parliament by law.
(c) 1/12 members shall be elected by the graduates
constituencies.
(d) 1/12 members shall be elected by the teachers
constituencies; and

165

(e) 1/6 members are nominated by the Governor From

amongst persons who have distinguished themselves in the
fields of literature, art, science, social service and
cooperative movement.
Qualifications and term
According to the Constitution, a person should have the
following qualifications for the election to the Legislative Council.
(i) He must be a citizen of India.
(ii) He must have attained 30 years of age. and
(iii) He must possess such other qualifications as may be laid
down by parliament.
Relating to the term of the Legislative Council, it is a
continuing body, not subject to dissolution. Like the Rajya sabha of
Parliament, its one-third members retire after every two years. A member
of the Council has a six year term and he may be re-elected to the
council.
Functions and powers
1. Ordinary bills may be introduced in this Legislative Council.
2. It ratifies the money bills passed by the legislative Assembly.
3. It can delay 14 days on money bills and 30 days on
ordinary bills passed by the Legislative Assembly.

and hence it is considered as weak house. It does not take part in the
election of the president or in the ratification of the Constitutional
Amendment Bills. In short, the Legislative Council is powerless in relation
to the Legislative Assembly. To call it a Second Chamber or Upper
House of a state legislature is a misnomer. As already stated, Legislative
Council is not in the Legislature of Tamil Nadu. Hence, Tamil Nadu has
the unicameral legislature
2.

Legislative assembly

In every state, the legislature means the legislative Assembly,

even in the State where the legislative council exists. Actually, the
Legislative Assembly is the first chamber or Lower House of the state
legislature. Tamil Nadu legislature has only one house known as
Legislative Assembly.
Composition
According to Article 170 of the Constitution, the Legislative
Assembly of a state shall consist of not more than 500 and not less than
50 members. However, the parliament has the power to fix the minimum
strength of a Legislative Assembly through the amendment of the
constitution. The Legislative Assembly of Tamil Nadu consists of 235
members out of which 234 members are directly elected by the people
from the constituencies on the basis of adult franchise and one member
is nominated by the Governor from the Anglo-Indian community.
However, seats shall be reserved in the house for the scheduled castes
and scheduled tribes.

4. It elects its Chairman and the Deputy Chairman amongst

the members.

Qualifications

5. It constitutes various committees for various business and

A Person seeking election to the Legislative Assembly should have the

following qualifications.

6. It ratifies the ordinances promulgated by the Governor.

Generally, the Legislative Council is a mere ornamental body
166

167

(i) He must be a citizen of India.

(ii) He must have attained 25 years of age and,
(iii)

He must possess such other qualifications as

may be prescribed by the parliament by law.

(Amendment) Bills passed by the parliament and referred

to the states by the president for ratification.
6. Considering the reports submitted by the Tamil Nadu Public
Service Commission, Auditor General and others.

Tenure

7. Constituting various committees for various business.

Normally, the term of the Legislative Assembly is five years

except the state of Jammu and Kashmir where it has six years duration.
However, it may be dissolved by the Governor at any time as result of
the presidential order promulgated under Article 356 which is called as
the state emergency. But, in case of National Emergency under Article
352, the tenure of the Legislative Assembly can be extended by
parliament but not beyond one year at a time. Yet, fresh elections must
take place within six months after the proclamation is withdrawn.
Besides, the Chief Minister may voluntarily come forward to recommend
for the dissolution of the Assembly to the Governor even before the
expiry of the tenure.

8. Electing its Speaker and the Deputy speaker.

Powers and Functions

9. Initiating for no-confidence motion against the ruling

government, and
10. Participating in the election of the president of India.
The above stated powers belong to the Legislative Assembly
alone. Thus, in theory and practice, the Legislative Assembly has
enormous powers. Hence, the Members of Legislative Assembly
(MLAs) have more powers and functions rather than the Members of
Legislative Council (MLCs). But, in Tamil Nadu we have MLAs and
not MLCs.

2. Making and un-making the government.

As far as other important offices of the legislature are concerned,

the Legislative Assembly elects its Speaker and the Deputy speaker.
As such, the Legislative Council elects its Chairman and the Deputy
chairman. Above all, the Advocate General is the only non-member of
the state legislature who has the right and power to take part in the
proceedings of the legislature, as the Attorney General of the Union
Government.

3. Controlling the finances of the state.

Constitution of Legislative Assemblies in Tamil Nadu

4. Introducing the Money Bills and passing them.

Since 1951-52, general elections were held for electing the

representatives to the Tamil Nadu Legislative Assembly. Details of
political parties winning in the elections are given below:

In Tamil Nadu, the Legislative Assembly is a multi-functional

political institution. It exercises the following powers and functions.
1. Making a law on any subject included in the State List as
well as in the concurrent List, subject to the restraints
imposed by the constitution.

5. Giving approval or disapproval to a Constitutional

168

169

S.No

Year

Ruling party

1.

1952

Congress

2.

1957

Congress

3.

1962

Congress

4.

1967

DMK

5.

1971

DMK

6.

1977

AIADMK

7.

1980

AIADMK

8.

1985

AIADMK

9.

1989

DMK

10.

1991

AIADMK

11.

1996

DMK

12.
13.

2001
2006

AIADMK
DMK

8.5 HIGH COURT AND THE SUBORDINATE JUDICIARY

Apart from the Legislature and the Executive, the third branch
of the Government of Tamil Nadu is judiciary. The judicial system of
Tamil Nadu consists of two categories of courts, namely, High Court
and the subordinate courts. The seat of High Court is in Chennai in
Tamil Nadu and the seats of subordinate courts are in the district
headquarters and below. Here, let us study the judicial system in Tamil
Nadu in general.
High Court

Chief Justice is appointed by the President of India. Other judges are

appointed by the President after consultation with the Chief Justice of
Supreme court, the Governor of the state and the Chief Justice of the
High court. Besides, the President has the power to appoint additional
judges for a temporary period not exceeding two years, for the clearance
of arrears of work in High Court and an acting judge, when a permanent
judge of the High Court is temporarily absent or unable to perform his
duties or is appointed to act temporarily as Chief Justice. A Judge of
High Court shall hold office until the age of 62 years. Every judge
permanent, additional or acting, may vacate his office earlier in any of
the following ways.
1. By resignation in writing and adressed to the President
2. By being appointed a Judge of the Supreme Court or being
transferred to any other High Court, by the president; and
3. By removal of the President on an address of both Houses
of Parliament
on the ground of proved misbehavior
or incapacity.
Qualifications
The qualifications laid down in the constitution for the
appointment as a High court Judge are following:
1. He must be a citizen of India
2. He must not be over 62 years of age.
3. He must have held a judicial office in the territory of
India. or,
4. He must have been an advocate of a High Court for at
least 10 years.
Independence of the Judges

The High Court stands at the head of the Judiciary in Tamil

Nadu. It consists of a Chief Justice and several other judges. The

As in the case of the Judges of the Supreme Court, the

constitution seeks to maintain the independence of the Judges of
the High Courts by the following provisions.

170

171

1. The Judges of the High Court are important constitutional

authorities.

from that of a subordinate Judge in cases of higher value, lie direct to

the High Court.

2. The salaries and allowances of the Judges are charged

from the Consolidated Fund of the state.

3.

3. Salaries and allowances payable to a Judge and rights

in respect of leave and pension can not be varied by
the parliament to his disadvantage after his retirement,
except under the Financial Emergency under Article 360.
4. The removal of a Judge is followed by a strict procedure
like that of the removal of a Judge of the Supreme
Court; and
5. A Judge should not hold any office of profit after his
retirement.
Jurisdiction and powers
The High Court of Chennai has the following jurisdiction and
powers as per the constitution.
1.

Original Jurisdiction

The High Courts at the three presidency towns of Bombay,

Calcutta and Madras had an original jurisdiction, both civil and
criminal, over cases arising within the respective presidency towns.
The original criminal jurisdiction of the High Court has, however,
been completely taken away by the criminal procedure code, 1973.
Though city civil courts have also been set up to try civil cases
within the same area, the original civil jurisdiction of these High
Courts has not altogether been abolished but retained in respect of
actions of higher value.

Writ Jurisdiction

According to B.R. Ambedkar, the Chairman of the Drafting

Committee of the Constitution of India, Article 32 is the soul and
heart of the constitution, because, it safeguards the rights, liberty
and privileges of every citizen of India in terms of writs. As such,
the High Court has the writ jurisdiction under Article 226. There are
five writs, namely, Habeas Corpus, Mandamus, Prohibition, Certiorari
and Quo-warranto.
4.

Power of Superintendence

The High Court has the power of superintendence over all courts
and tribunals throughout its territorial Jurisdiction, except military
tribunals. Indeed, it has a wide power.
5.

Head of State Judiciary

As the head of the state judiciary, the High Court has got an
administrative control over the subordinate judiciary in respect of certain
matters, besides its appellate and supervisory jurisdiction over them.
Thus, the High Court is powerful. Also, it acts as the court of records.
Above all, it has the bench jurisdiction in which the most important and
burning cases of the state are settled.
Subordinate Courts

The High Court is the highest court in the state of Tamil

Nadu. It has appellate jurisdiction in both civil and criminal cases.
On the civil side, an appeal from the decision of District Judge and

The subordinate courts are divided into two categories, namely,

the civil courts subject to the civil procedure code and the criminal
courts subject to the criminal procedure code. According to the All
India Judges Association case (1989), the Supreme Court directed to
bring a uniform designation in the subordinate judiciarys judicial officers
all over the country - District or Additional District Judges, Civil Judge
(Senior Division) and the Civil Judge (Junior Division) on the civil side
and Sessions Judge, Additional Sessions Judge, Chief Judicial
Magistrate, and Judicial Magistrate on the criminal side as laid down in

172

173

2.

Appellate Jurisdiction

the criminal procedure code. The chart below shows the hierarchy of
courts in the subordinate courts.
In addition, there are courts known as small causes courts.
These courts are set up either under the Provisional Small Causes Act
at the district level or under the Presidency Small Causes Court Act in
presidency or metropolitan down.
The constitution provides that a District Judge shall be appointed
by the Governor in consultation with the High Court of the state
concerned and the posting including transfer and promotion are made
in like manner. Relating to the appointment in any other post of the state
judicial service, the constitution says that such appointment may be
made by the Governor of the state in accordance with the rules framed
by him in consultation with the State Public Service Commission and
the High Court. The administrative control over the members of
subordinate judicial service vests with the High Court under Article
235 of the constitution.
Family Courts
In addition to the hierarchy of regular courts, family courts also
are constituted in various states in India. According to Family Courts
Act of 1984, these courts have powers and jurisdiction to enquire into
the cases relating to marriages and family affairs with a view to settle
cases without much expenditure and going to regular courts which are
The chart showing hierarchy of subordinate courts
1.
2.

expensive. Matters such as dispute within the family, divorce, dowry

harrassment, etc. are looked into by these courts. These courts follow
the Civil Procedure Code.
8.6

SECRETARIAT

In India, every state has its own secretariat. It is the nerve centre
of the state administration. It comprises of several departments of the
government. The political head of a department is the minister and the
administrative head of the department is the secretary. The Chief
Secretary is the head of the entire secretariat while a Secretary is the
head of one or two departments. The Secretary is usually a senior IAS
officer, a generalist. An exception to this rule is the public works
department which is headed by the Chief Engineer, a specialist. In Tamil
Nadu, the secretariat is called as the chief secretariat which is situated
at St.George Fort, Chennai.
Departments
Generally, the number of departments in secretariat differs from
state to state. It ranges from 15 to 35 departments. The departments
which are included in the Chief Secretariat in Tamil Nadu, are following.
1. General Administration
2. Home
3. Finance

Civil side

Criminal side

4. Personnel and Administrative Reforms

District Judge

Sessions Judge

5. Revenue

Additional District Judge

Additional Sessions Judge

3. Civil Judge (Senior Division)

Chief Judicial Magistrate.

4. Civil Judge (Junior Division)

174

6. Jail
7. Forest
8. Agriculture
9. Labour and Employment

Judicial Magistrate

175

10. Panchayat Raj

11. Public works
12. Education
13. Planning
14. Irrigation and Power
15. Law
16. Social Welfare
17. Housing
18. Civil supplies
19. Transport
20. Local Government
21. Excise and Taxation
22. Industries
23. Publicity and information
24. Cooperation

Secretary

Additional Secretary

Joint Secretary

Deputy Secretary

Assistant Secretary

Under Secretary

Section Officer

Assistant Section Officer

Assistants

Steno-Typists and Typists

Office Assistants
Functions of Secretariat

25. Health
Hierarchy of Personnel
The Chief Secretariat of Tamil Nadu consists of officers who
are appointed for a fixed tenure. The retirement age of government
servants in Tamil Nadu is 58. The secretariat consists of officers
belonging to All India Service and the officers recruited by the Tamil
Nadu Public Service Commission. The hierarchy of the secretariat
officers in a department is following.

176

The secretariat is a staff agency by which it has to advise the

executive departments in the implementation of the public policies. Its
basic function is to assist the minister in the fulfillment of his role. It
performs the following functions.
1. The secretariat formulates the policies and programmes of
the state government.
2. It coordinates the policies and programmes of the state
government.
177

3. It prepares the state budget and imposes control on public

expenditure.

5. It supervises the implementation of policies and

programmes by the field agencies.

the apex of the hierarchy of state administration. In fact, he is the chief

of the secretaries and controls all the secretariat departments. He is the
senior-most civil servant in the state. He has the powers and functions
mentioned in the Rules of Business framed by the state government.
He also receives some of his powers from conventions. He performs
the following primary and other functions.

6. It reviews the results of the execution of public policies.

Primary Functions

4. It frames legislation, rules and regulations.

7. It maintains contacts with the control and other state

governments.
8. It takes initiative measures to develop greater organisational
competence through O&M.
9. It assists the ministers in discharging their responsibilities
to the legislature, like answering the questions asked by
the members of the legislative Assembly.
10. It appoints the heads of departments and looks into the
consequent establishment work like salary.
11. It approves the service rules and their amendments.
12. It explores the possibilities of improving the financial
position of the state.
13. It serves as a think-tank of the state government.
14. It assists the chief secretary in the proper functioning
of the secretariat; and
15. It receives the complaints, representations and appeals
from the people and solve them.
Chief Secretary
The Chief Secretary is the executive head of the state secretariat.
He is the administrative head of the state administration and stands at
178

1. As an advisor to the Chief Minister, the Chief Secretary

explains the administrative implications of the
proposals forwarded by the state ministers.
2. As secretary to the cabinet, he prepares the agenda for
cabinet meetings and keeps the records of its proceedings.
3. As the head of civil service, he deals with all cases related
to appointment, transfers and promotion of senior state
civil servants.
4. As chief coordinator, he works towards ensuring inter
departmental coordination. He is the chairman of
coordination committees set up for resolving the interdepartmental disputes.
5. As the head of certain departments, he supervises and
controls them; and
6. As crisis administrator, he plays a very significant role
in the time of crisis like flood, drought, communal
disputes, etc in the state.
Other Functions
1. The Chief Secretary acts as the residual legatee, ie, he
looks after all the matters not included within the
purview of other secretaries.

179

2. He exercises general supervision and control over the entire

secretariat.
3. He acts as the secretary, by rotation, of the Zonal Council
in which the state concerned is a member.
4. He has administrative control over the secretariat building,
staff attached to the ministers, the secretariat library, the
conservancy and ward staff of the secretariat departments.
5. He is the principal channel of communication among the
state government, the central government and the other
state governments.
6. He plays an important role in the administration of law and
order and planning.
7. He acts as a spokesman of the state government.
8. He attends the meetings of the National Development
Council.
9. He acts as the chief public relations officer of the state
government; and
10. He acts as the chief advisor to the governor when
presidents rule is imposed in the state under Article
356 of the constitution, when the central advisors are
not appointed.
Thus, the Chief Secretariat of Tamil Nadu is the nerve centre
of state administration in general. As such, the Chief Secretary
who is the chief all secretaries, is the nerve system of secretariat
administration in particular in the state of Tamil Nadu.

largest town or city of the territorial area of the concerned district

Therefore, a district is an administrative unit in the hierarchy of
administration which consists of a number of territorial areas,
namely, villages, towns and cities. Hence, the word District
Administration means the management of the tasks of government as it
lies within an area legally recognised as a district. The five types of the
district in India are the rural district, urban district, industrial district,
backward district and the hill district.
Features of District Administration
Generally, the district administration has the following features.
1. It is at district level that the state government comes into
contact with the people.
2. District administration is a field work as opposed to staff
or secretariat functions.
3. The problems at the district level are local relating to the
district.
4. At district level, policy formulation ends and the
implementation begins.
5. The District Officer is the last agent of the state
government and the man of the spot for any activity
or incidence in the district; and
6. At the district, there is functional aggregation of units.
A large number of departments have their field agencies
located in the district.
District Level Functionaries

District is the basic unit of administration in India. The

Oxford Dictionary defines it as a territory marked off for special
administrative purpose. A district is generally named after the

The District Collector is the head of district administration. The

office of the collector at first was created by Warren Hastings in 1772
for the dual purpose of collecting revenue and dispensing justice. Strictly
speaking, the collector is for the collection of land revenue in the beginning.
But, at present, there are enormous functions to the district collector.
The general roles and the functions of the district collector are following.

180

181

8.7

DISTRICT ADMINISTRATIVE STRUCTURE

1. As Collector, he has to collect land revenue.

2. As District Magistrate, he has to maintain law and order in
the district.
3. As District Officer, he has to deal with the personnel matters
like salary, transfer, etc within the district.
4. As Development Officer, he is responsible for the
implementation of rual development programmes.
5. As the Returning Officer, he is the chief for the elections to
the Parliament, the State Legislative Assembly, and the
local government in the district. Hence, he coordinates the
election works at the district level.
6. As the District Census Officer, he conducts the census
operations once in ten years.
7. As the Chief Protocol Officer, he has to protect the VIPs
in their tour and stay in the district.
8. As the coordinator, he supervises the district level other
functionaries and departments.
9. He presides over the District Plan Implementation
Committee.
10. He acts as the official representative of the state government
during the ceremonial functions in the district.
11. He acts as the Public Relations Officer of the state
government.
12. He acts as the Crisis Administrator in chief during the natural
calamities and other emergencies.
13. He supervises and controls the local government
institutions.
14. He handles the work pertaining to civil defence; and
15. He is responsible for civil supplies, food and other essential
commodities.
182

Hence, the District Collector is the multi-functionary in the

district level. In fact, the work-load functions are more to a collector
due to the welfare state policy in which the government has to implement
a large number of programmes for the people. Actually, the office of
the District Collector is very much prestigeous. The District Collector
is the hero of the district administration. The other important district
level functionaries are following.
1. Superintendent of Police
2. District Medical Officer
3. District Health Officer
4. District Forest Officer
5. Assistant Registrar of Cooperative Societies
6. District Agricultural Officer.
7. District Industries Officer
8. District Judges
9. Backward Class Welfare Officer
10. Superintendent of Jails
11. District Labour Officer
Division Level
In Tamil Nadu, Revenue Divisional Officer is the head of
divisional administration especially for revenue administration and for
the maintenance of law and order. But, the development administration
is headed by Assistant Director (Development) (Formerly by the
Divisional Development Officer - DDO) in the division level. Under
AD (Development), there are functionaries namely, extension officers
for agriculture, cooperation, industry, eduction, animal husbandry, etc.
183

Exercise

Taluk Level
Tahsildar is the head of taluk level administration in Tamil Nadu.
For assisting him, the Deputy Tahsildars are there in the Tehsil. This is
for the revenue administration. For the development administration,
panchayet unions are there in the state. The Panchayet Union
Commissioner or Block Development Officer (BDO) is the head and
there are extension officers for agriculture, health, cooperation, animal
husbandry, education, and industry.
Firka Level
Revenue Inspector is the head of Firka level revenue
administration. Every taluk is divided into many firkas in Tamil Nadu.
But, the nomenclature of this level differs from state to state.
Village Level
Village Administrative Officer is the head of village level
administration. He is the most important functionary in the field especially
in the village. Under him, there are village level workers. He performs
revenue, police, and general administrative duties and acts as the
representative of the government in the village.

Part A
I. Fill in the blanks
1.

State Government is dealt with in ______ part of the

constitution of India.

2.

The Governor is the ______ head of the state executive.

3.

The Council of Ministers in the state is responsible to

______

4.

K.Kamaraj tendered his resignation of chief ministership

in 1963 due to ______

5.

The Upper House of State Legislature is ______

6.

The Judges of the High Court are appointed by ______

7.

The tenure of Members of Legislative Council is ______

8.

The administrative head of a department in the secretariat

is ______

9.

Five kinds of writs are Habeas Corpus, Mandamus,

Certiorari, Prohibition and ______

10.

District Administration is ______ administration.

II. Match the following

184

11. Article 370

Governor

12.

Article 153

Chief Minister

13.

Article 163

Legislative Council

14.

Article 169

Jammu & Kashmir

15.

Article 170

Legislative Assembly

16.

Article 352

National Emergency
185

Part B
17.

Write the constitutional position of the Governor.

18.

Describe the functions of the Council of Ministers.

19.

Explain the qualifications prescribed for a person seeking

election to the Legislative Assembly?

20.

Who is an Administrative Officer?

Part C
21.

Write a note on the Legislature of Tamil Nadu.

22.

What are the jurisdictions of the High Court?

23.

Write a short note on Chief Secretary.

Part D
24.

Discuss the powers and functions of the Governor.

25.

Describe the roles and functions of the Chief Minister.

26.

Describe the role and functions of the District Collector.

186

CORRECTED PAGES
(MAY 2016)

Exercise
Part-A
I. Choose the correct answer:
1. Paying Income Tax signifies
(a) Traditional authority
(b)Rational - legal authority
(c) Charismatic authority
(d)None of these
2. Who first coined the term Political Science?
(a) Aristotle
(b) Plato
(c) Jean Bodin
(d) Adam Smith
II. Fill in the blanks:
3. Political analysis of individual behaviour is _____________
4. Types of authority is explained by ____________
III. True or False:
5. Normative political science is value - free.
6. New Political Science is behavioural analysis.
Part-B
7. Define Behaviouralism
8. What is New Political Science
Part-C
9. Explain the meaning of Power.
10. What is authority?
Part-D
11.Evaluate the non-elitist theory of Karl Marx.
12. Differentiate between power and authority. What are the types
of authority?
59

Chapter 8

ORGANISATION OF STATE
GOVERNMENT IN TAMILNADU
Introduction
The Constitution of India provides for a federal government,
having separate systems of administration for the union and the units,
namely, the states. There are 29 states, 6 Union territories and one national
capital territory known as New Delhi in India. The constitution contains
provisions for the governance of both the union and the states. It lays
down a uniform structure for the State Government, in part VI of the
constitution from Article 152 to 237, which is applicable to all the states,
save only the state of Jammu and Kashmir which has a separate
constitution for its government under Article 370. Broadly speaking,
the pattern of government in the states is the same as that for the union,
namely a parliamentary system. Here, let us know the Government of
Tamil Nadu in terms of the office of the Governor, the Chief Minister,
the Council of Ministers, state legislature and the judiciary, secretariate,
district administration and the below.
8.1

THE GOVERNOR

The executive power of the state is vested in the Governor and

all executive actions of the state have to be taken in the name of the
Governor. But, he has to act as the nominal head of the state due to
parliamentary system. Normally, there shall be a Governor for each state
according to Article 153, but an amendment of 1956 makes it possible
to appoint the same person as the Governor for two or more states. The
Governor is not elected but is appointed the by President and holds office
at pleasure of the President.
149

taken various efforts through various programmes of all departments,

transport stands first not only in the state but also in the national level.
This has been achieved mainly by the serious efforts of the Chief
Ministers of differents periods in Tamil Nadu.
S.No. Name of the Chief Ministers

Party

Period

1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.

Congress
Congress
Congress
DMK
DMK
AIADMK
AIADMK
DMK
AIADMK
DMK
AIADMK
AIADMK
DMK
AIADMK
AIADMK
AIADMK

1952-54
1954-63
1963-67
1967-69
1969-76
1977-87
Jan 1988
1989-91
1991-96
1996-01
2001-02
2002-06
2006-11
2011-14
2014-15
2015 Till date

8.3

Thiru.C.Rajagopalachariar
Thiru.K.Kamaraj
Thiru.M.Bhakthavatchalam
Thiru.C.N.Annadurai
Thiru.M.Karunanidhi
Thiru.M.G.Ramachandran
Tmt.Janaki Ramachandran
Thiru.M.Karunanidhi
Selvi.J.Jayalalithaa
Thiru.M.Karunanidhi
Thiru.O.Panneerselvam
Selvi.J.Jayalalithaa
Thiru.M.Karunanidhi
Selvi.J.Jayalalithaa
Thiru.O.Panneerselvam
Selvi.J.Jayalalithaa
.
COUNCIL OF MINISTERS

The constitution of India under Article 163 provides that there

shall be a council of Ministers with the Cheif Minister as its head to aid
and advise the Governor in every state. Accordingly, the Government is
a nominal head and real powers of the state
161

Thiruchirappalli, Thirunelveli, Tiruppur, Dindigul, Erode, Tanjore,

Kanchipuram, Thoothukkudi and Salem are twelve corporations in Tamil
Nadu.
All municipal corporations have some common characteristics.
1. A Municipal Corporation is establised only be the statue passed
by the state legislature.
2. A Municipal Corporation is based on the separation of the
deliberative and executive functions.
3. The state government has powers to control, supervise and
dismiss the council.
4. Usually a municipal corporation is set up for thickly populated
urban areas.
5. A municipal corporation functions within the specified
peripheral jurisdiction.
Function of the Corporation
Like the rural local bodies the municipal bodies have to function
as institutions of self government. The functions of municipal bodies
are as follows:
1.
2.
3.
4.
5.
6.
7.
8.
9.

Urban planning, including town planning.

Regulation of land, use and construction of buildings.
Planning for economic and social development.
Construction and maintanance of roads and bridges.
Water supply.
Public health and sanitation.
Fire services.
Urban foresty and protection of the environment.
Safeguarding the interests for weaker section of society,
including the handicapped and mentally retarded.
10. Slum improvement.
193

The areas taken for and reviewed are social development,

economic progress, constitutional change and administrative reforms.
Each of these described and analysed under some sub fields for a clear
understanding.
I Social Development
Generally, India is plural society in which various castes
religions, languages, cultures and races exist in different
perspectives. India is the second largest country after China in terms
of population in the world. The first all-India census was completed
in 1872. Since 1881, the census has been taken every decade. Indias
population grew slowly till the 1920. There was decline in
Table 1 - Decate wise population of India and growth rate
Year

Population

Growth rate

Average

(in millions)

during decade

annual growth rate (%)

(%)
1921

251.3

-0.31

-0.03

1931

278.9

11.00

1.04

1941

318.6

14.22

1.33

1951

361.0

13.31

1.25

1961

439.2

21.51

1.96

1971

548.1

24.80

2.20

1981

683.3

24.66

2.22

1991

846.3

23.85

2.14

2001

1027.0

21.34

1.90

2011

1210.19

17.64

1.64

228

including tea, coffee, tobacco, cashew, spices, raw cotton and sugar.
Due to variations in the physical environment various crops are cultivated
in India. Important crops are rice, wheat, maize, bajra, jowar, barley,
sugarcane, cotton, jute, oildeeds, pulses, tea, coffee, rubber, silk and
tobacco.
The green revolution was achieved in agriculture as result of the
First Five year Plan. In July 2000, the Government of India announced
its New Agricultural Policy (NAP). It aims to increase the agricultural
growth from the current 1.5% to over 4% by 2005. It seeks to promote
private sector participation through contract farming and land leasing
arrangements. It also seeks to remove all controls and regulations on
domestic agricultural markets so that the farmers may receive a
remunerative price for their produce.
National Income
The real income of a country is the sum total of goods and services
produced in that country. Since these goods and services come in different
measures, it is not possible to quantify the sum total in a common
measure. Therefore, the values are expressed in terms of money. Thus,
national income is the money value of all the final goods and services
produced in a country in a year. In India, national income is measured at
constant prices with a base year. The base year is 1993-94.
Industry, Science and Technology
Actually, a variety of agricultural and mineral raw materials have
provided the base for the development of a number of industries in India.
The idea that the state had a prominent role to play in the development
of industries found its earliest articulation in the report of the National
Planning Committee 1950 under the Chairmanship of Jawaharlal Nehru.
This was reiterated in the statement of the Industrial policy (1945). Some
of the major initiatives in setting the industrial agenda in post-independent
India are following.
235